Agenda packet, first session — Menifee City Council, February 21, 2024 (part 7 of 10)

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also recorded in the Official Records of Riverside County as Instrument No. 2018-0108346, and pertains to the construction, inspection and acceptance of the District drainage facilities associated with Tracts 31822-1, 36485-2, and 36485-10.

Both agreements require that actions be taken to convey rights-of-way to the District that have been identified as required by the District to provide operation and maintenance of District drainage facilities. In accordance with these agreements, the District has now formally requested that the City proceed with the necessary actions to convey the rights-of-way for these drainage facilities by means of the attached quitclaim deeds. Each of the drainage right-of-way segments are shown on the attached location map and are described below.

Tract Map 28920-1 (TM28920-1) – This tract, recorded on March 26, 2004, as part of the AMR development, is a 140-lot single family home residential subdivision generally located south of Ridgemoor Road and east of Goetz Road, between Goetz Road and Murrieta Road. The improvements associated with TM28920-1 have been completed and accepted by the City. The improvements include two segments of the Salt Creek Clover Creek Lane Storm Drain Stage 3 Line A. One segment is located within a total area of 3,180 square feet (0.073 acre), which covers a portion of Assessor’s Parcel Number (APN) 341-240-021 (RCFC Parcel No. 4142-500). The other segment is located within a total area of 645 square feet (0.015 acre), which covers a portion of APN 341-240-024 (RCFC Parcel No. 4142-501). These drainage facilities will be owned and maintained by the District, in accordance with the conditions of approval for the development of TM28920-1.

Tract Map 31822-1 (TM31822-1) – This tract, recorded on September 13, 2016, as part of the AMR development, is a 76-lot single family home residential subdivision generally located north of Newport Road and east of Goetz Road, between Goetz Road and Murrieta Road. The improvements associated with TM31822-1 have been completed and accepted by the City. These improvements include a segment of the Salt Creek Destry Drive Storm Drain Stage 1 Line B that is located within a total area of 14,337 square feet (0.329 acre), which covers portions of APNs 358-070-024 and 358-070-025 (RCFC Parcel No. 4379-500). This drainage facility would be owned and maintained by the District in accordance with the conditions of approval for the development of TM31822-1.

Tract Map 36485-2 (TM36485-2) – This tract, recorded on August 16, 2017, as part of the AMR development, is a 142-lot single family home residential subdivision generally located north of Newport Road and east of Goetz Road, between Goetz Road and Murrieta Road. The improvements associated with TM36485-2 have been completed and accepted by the City. The improvements include two segments of the Salt Creek Destry Drive Storm Drain Stage 1 Line B.

One segment is located within a total area of 9,211 square feet (0.211 acre), and the other segment is located within a total area of 8,617 square feet (0.198 acre). Both segments of this drainage facility are located within a portion of APN 358-740-069 (RCFC Parcel Nos. 4379-501 and 4379-502). These drainage facilities would be owned and maintained by the District, in accordance with the conditions of approval for the development of TM36485-2.

Tract Map 36485-10 (TM36485-10) – This tract, recorded on March 28, 2018, as part of the AMR development, is a 50-lot single family home residential subdivision generally located north of Newport Road and east of Goetz Road, between Goetz Road and Murrieta Road. The Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 2

Menifee Mayor and City Council
February 21, 2024
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City of Menifee Staff Report
Salt Creek Storm Drain Easements – AMR
February 21, 2024

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improvements associated with TM36485-10 have been completed and accepted by the City. The improvements include a segment of the Salt Creek Destry Drive Storm Drain Stage 1 Line C7 that is located within a total area of 668 square feet (0.015 acre), which covers a portion of APN 341- 271-038 (RCFC Parcel No. 4379-503). This drainage facility would be owned and maintained by the District, in accordance with the conditions of approval for the development of TM36485-10.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with approval of this item. The various developers were responsible for all costs incurred in constructing the storm water drainage facilities. Upon acceptance of the project, the District would be responsible for the operation and maintenance of the District specific drainage facilities as identified in the attached agreements.

ATTACHMENTS

1. Project Location Map

2. Quitclaim Deeds – RCFC Parcel Nos. 4142-500 and 4142-501

3. Quitclaim Deed – RCFC Parcel No. 4379-500

4. Quitclaim Deeds – RCFC Parcel Nos. 4379-501 and 4379-502

5. Quitclaim Deed – RCFC Parcel No. 4379-503

6. Agreement – Instrument No. 2018-0108346

7. Agreement – Instrument No. 2003-800607
Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 3

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
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Item Title: 10.10
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Item Title: 10.10
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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
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Item Title: 10.10
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Item Title: 10.10
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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch Item Page Number: 22

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
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Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 101

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 102

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 103

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 104

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 105

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 106

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 107

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 108

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 109

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 110

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 111

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 112

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 113

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 114

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 115

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 116

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 117

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 118

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 119

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 120

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 121

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 122

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 123

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 124

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 125

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 126

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 127

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Item Title: 10.10
Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements in Audie Murphy Ranch
Item Page Number: 128

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February 21, 2024
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CITY OF MENIFEE
SUBJECT: Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a budget amendment resolution amending the Fiscal Year 2023/2024 capital improvement budget by appropriating Developer In-Lieu Fair Share deposits in the amount of $24,069.72 from the Trust Fund to the Capital Projects Fund for the Goetz Road/Vista Way Traffic Signal Project, Capital Improvement Program Project No. 23-02.

DISCUSSION
The Goetz Road/Vista Way Traffic Signal Project, Capital Improvement Program Project No. 23- 02 (“Project”) is located at the intersection of Goetz Road and Vista Way, with improvements extending north to Casa Bonita Avenue. The Project includes a new traffic signal at the intersection of Goetz Road and Vista Way, interim roadway design to accommodate left turn pockets along Goetz Road at Vista Way and at Casa Bonita Avenue, and minor shoulder widening and drainage improvements. The new traffic signal timing would be coordinated with the new traffic signal located at the apparatus bay exit for the new Quail Valley Fire Station No. 5, which is located approximately 320 feet south of this new traffic signal.

The Goetz Marketplace is a private development project that, due to the traffic impacts resulting from the development, was conditioned to provide a “fair share” contribution to support a portion of the traffic signal improvements related to the Project. The fair share amount for the Project was previously deposited with the City by the developers and is summarized in Table No. 1 below.

Table No. 1 – Fair-Share Summary
Developer Development Location Fair-Share Amount Improvement Goetz
Marketplace
North of Vista Way /
East of Goetz Road $24,069.72 Goetz Road/Vista Way
Traffic Signal
Item Title: 10.11
Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project Item Page Number: 1

Menifee Mayor and City Council
February 21, 2024
Page
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City of Menifee Staff Report
CIP 23-02 Fair Share Appropriation
February 21, 2024

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The Project is currently in the design phase. Additional design efforts are anticipated which would include coordination with Southern California Edison related to necessary utility relocation work.

The fair-share amount identified in Table 1 is now needed to fund these remaining design efforts and prevent interruption in the workflow and ensure the Project advances according to schedule.

The approval of the attached Budget Adjustment Resolution (BAR) would appropriate these fair- share funds to the Project.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact for this item is $24,069.72 from fair-share deposits collected from the Goetz Marketplace developer held within Trust Fund Account No. 350-3279. This amount would be appropriated from the Trust Fund to the Capital Projects Fund Account No. 320-3899 and the expenditures budget increased in the same amount in Account No. 320-4555-38149 to support ongoing design efforts for the Project.

ATTACHMENTS

1. Project Location Map

2. Budget Amendment Resolution - CIP 23-02 Goetz-Vista Traffic Signal Item Title: 10.11
Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project Item Page Number: 2

Menifee Mayor and City Council
February 21, 2024
Page
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Goetz Rd
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\GoetzRd_VistaWay_TS\GoetzRd_VistaWay_TS\GoetzRd_VistaWay_TS.aprx Date: 10/19/2022 Goetz Road - Vista Way Traffic Signal (CIP 23-02)
Project Location Map
Item Title: 10.11
Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project Item Page Number: 3

Menifee Mayor and City Council
February 21, 2024
Page
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RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING & CAPITAL BUDGET WHEREAS, the City of Menifee, California adopted a budget for the fiscal years 2023/24 and 2024/25 with Resolution No. 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2023/24 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Capital Projects Fund Adopted FY 2023/24 Revenue Budget: $0.00

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 19, 2023 Holland Rd. / I-215 Overpass CIP 13-03 320-3899 $240,615.00 February 21, 2024
Goetz Road/Vista Way Traffic Signal
Project CIP 23-02 – Developer
Contribution
320-3899 $24,069.72
TOTAL: $264,684.72
Amended Capital Projects Fund FY 2023/24 Revenue Budget: $264,684.72 Capital Projects Fund Adopted FY 2023/24 Expenditure Budget: $0.00

2. Record Appropriation(s):

Amended Capital Projects Fund FY 2023/24 Expenditure Budget: $5,637,424.72

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
350-2379 - Goetz Road/Vista Way
Fair Share
320-3899 - Developer
Contributed $24,069.72
TOTAL: $24,069.72

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryovers 320-Various $5,372,740.00
July 19, 2023 Holland Rd. / I-215 Overpass CIP 13-03 320-4555-58021 $240,615.00 February 21, 2024 Goetz Road/Vista Way Traffic Signal
Project CIP 23-02 320-4555-58149 $24,069.72
TOTAL: $5,637,424.72
Item Title: 10.11
Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project Item Page Number: 4

Menifee Mayor and City Council
February 21, 2024
Page
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Amending the Fiscal Year 2023/24 Grant Fund Budget
Goetz Road/Vista Way Traffic Signal Project CIP 23-02
2 4
8 0
6 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The biennial budget for the Capital Projects Fund for the City of Menifee for fiscal year 2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Goetz Road/Vista Way Traffic Signal Project $24,069.72
Amended Capital Projects Fund FY 2023/24 Budget: $264,684.72

Expenditures:

Goetz Road/Vista Way Traffic Signal Project $24,069.72
Amended Capital Projects Fund FY 2023/24 Budget: $5,637,424.72 PASSED, APPROVED AND ADOPTED this 21st day of February 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Appropriation of Developer In-Lieu Fair-Share funds for the Goetz Road/Vista Way Traffic Signal Project Item Page Number: 5

Menifee Mayor and City Council
February 21, 2024
Page
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CITY OF MENIFEE
SUBJECT: Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Assistant City Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving filing of Parcel Map No. 38627 for financing purposes for Banner Park South, located south of Domenigoni Parkway and west of Briggs Road, by Diamond Brothers Five Partnership, LP; and

2. Authorize the City Clerk to file the adopted resolution with the Riverside County Recorder’s Office, discharging the existing Subdivision Lien Agreement; and

3. Authorize the City Manager to execute all other documents necessary to facilitate the discharge of the existing Subdivision Lien Agreement associated with Tract Map No. 32101.

DISCUSSION
Background
On March 29, 2005, prior to City incorporation, the Riverside County Board of Supervisors approved Tentative Tract Map No. 32101 for the residential development of property located south of Domenigoni Parkway and west of Briggs Road. On August 5, 2015, the City Council approved Final Tract Map No. 32101 (TM 32101), also known as Banner Park South (“Project”); a subdivision of approximately 58 acres of land into 197 single family residential units with additional lettered lots “A” through “M”. TM 32101 was recorded on August 18, 2015. No development has occurred on the Project as of the date of this report.

On December 14, 2022, the Project owner, Diamond Brothers Five Partnership, LP (“Developer”), submitted Parcel Map No. 38627 (PM 38627) to the City for the purpose of a reversion to acreage of TM 32101. On October 4, 2023, following a public hearing, the City Council approved Resolution 23-1361 approving the reversion to acreage and authorizing the release of a subdivision lien agreement previously associated with TM 32101. Unfortunately, the Developer’s Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 1

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February 21, 2024
Page
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City of Menifee Staff Report
PM 38627, Banner Park South
February 21, 2024

Page 2 of 3 ends

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1 7
title company declined to accept the parcel map for reversion to acreage as approved, and as such, PM 38627 was never recorded.

Revised Parcel Map 38627
The Developer has now updated and resubmitted PM 38627 for financing purposes for consideration by the City. The revisions to PM 38627 serve to facilitate a merge of all existing non-public parcels within the Project into a single parcel for financing rather than revert it back to acreage. If approved, revised PM 38627 would also abandon public streets originally created in 2015 by TM32101 and allow the Developer to re-establish a new tract map for the Project. The City park property and open space lots would remain unchanged, as they were previously dedicated in fee to the City. The park and open space areas are expected to be adjusted in the future through an administrative lot line adjustment process to slightly increase their size.

If approved, PM 38627 would also create an access easement maintaining access to the City park property, as is legally required. This would be a temporary easement following the alignment of a future road that would be extinguished when the public streets are recreated in a planned future tract map. Additionally, following recordation of PM 38627 and completion of a lot line adjustment, the Developer intends to submit a new tentative tract map that would remain substantially consistent with the general configuration of TM32101. The new tentative tract map would also incorporate changes to increase the distance of planned development away from existing high-power electric lines that currently run parallel to the extension of Briggs Road along the eastern perimeter of the Project.

Merging the non-public lots while leaving the City’s park and open space lots in place provides a clean starting point for the Developer to reestablish a new tract map for the Project. This approach would also help to prevent underlying title issues in the future that may result if both an “old” map and a new tract map were to remain on record simultaneously.

Discharge of Lien Agreement
At the time TM 32101 was approved, the City Council also approved entering into the attached Lien Agreement to provide securities for the Developer’s obligation to complete public improvements conditioned for the Project. As a result of the current parcel map request, a discharge of this Lien Agreement should be recorded with the Riverside County Recorder’s Office to release the lien associated with TM 32101. The Developer has requested to provide new securities that would be established at the time that a future tract map for the Project is accepted and through a future subdivision improvement agreement, performance bonds, and/or lien documents.

With the adoption of Resolution 23-1361 on October 4, 2023, the City Council had previously authorized the discharge of this Lien Agreement and approved the previous version of PM 38627 for reversion to acreage. Because the reversion to acreage was not recorded and is no longer being considered, Resolution 23-1361 is now ineffective. As a result, a new resolution is being proposed for adoption to approve the filing of the revised PM 38627, again requesting discharge of the Lien Agreement, and declaring Resolution 23-1361 invalid.

Staff has reviewed the revised PM 38627 for financing purposes and has confirmed that all documentation has been provided by the Developer as required by the lot merger process. The Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 2

Menifee Mayor and City Council
February 21, 2024
Page
1154 of 1711

City of Menifee Staff Report
PM 38627, Banner Park South
February 21, 2024

Page 3 of 3 ends

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Developer remains the sole owner of the underlying parcels with the exception of lots previously dedicated to the City for park, open space and street purposes. The portion of land previously dedicated to the City for parks and open space would remain as established with all existing easements for utilities reserved.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with approval of PM 38627. The Developer previously submitted all application fees associated with the review, processing, and approval of PM 38627.

If approved, any costs associated with the recordation of PM 38627 would be borne by the Developer.

ATTACHMENTS

1. Resolution

2. Exhibit A - Parcel Map No. 38627

3. Exhibit B - Lien Agreement

4. Tract Map No. 32101
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 3

Menifee Mayor and City Council
February 21, 2024
Page
1155 of 1711

1 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE FILING OF PARCEL MAP NO. 38627 AND AUTHORIZING THE

DISCHARGE OF A SUBDIVSION LIEN AGREEMENT ASSOCIATED WITH FORMER TRACT MAP 32101
WHEREAS, on August 5, 2015, the City Council approved tract map 32101 (TM32101), a subdivision of residential land into 197 residential lots, located south of Domenigoni Parkway and west of Briggs Road; and
WHEREAS, the City Council previously entered into a Lien Agreement with Diamond Brothers Five Partnership, LP (“Developer”) dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, to provide securities for the completion of public improvements conditioned for the property and associated with TM32101; and WHEREAS, on December 14, 2022, the City received an application from the property owner, Diamond Brothers Five Partnership, LP, requesting reversion to acreage of TM32101 via acceptance of Parcel Map No. 36827 (PM36827); and
WHEREAS, On October 4, 2023, the City Council approved Resolution 23-1361 approving a reversion to acreage as per PM38627 and authorized the discharge of a Lien Agreement associated with TM32101 dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585; and
WHEREAS, the City and the Developer no longer wish to move forward with the reversion to acreage; and
WHEREAS, the Developer has submitted a revised PM38627 for financing purposes that would merge all non-public lots into a single parcel and the City has reviewed the revised PM38627 for lot merger purposes and determined that no improvements have been constructed on the property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. The City Council, in filing Parcel Map No. 38627 for financing purposes for that residential property located south of Domenigoni Parkway and east of Briggs Road as specified in Parcel Map No. 38627, elects to proceed in accordance with the provision of the provisions of California Government Code (Subdivision Map Act) §§66426 “Necessity of Tentative and Final Maps” and the City of Menifee Municipal Code §7.30 “Finance Maps”.

Section 2. The City Council of the City of Menifee does hereby merge all lots on the residential property previously subdivided via tract map 32101 into a single parcel with the exception of all park and open space lots previously dedicated to the City, located south of Domenigoni Parkway and west of Briggs Road, and as depicted in Parcel Map No. 38627 attached hereto and incorporated as Exhibit “A”.

Section 3.The City Council does hereby discharge the existing Lien Agreement dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, attached hereto and incorporated as Exhibit “B”.

Section 4.The City Council does hereby declare Resolution No. 23-1361 to be invalid and no longer in force or effect in relation to Parcel Map No. 38627 or Tract Map No. 32101.

Section 5 .Nothing in this Resolution shall in any way affect or disturb any other existing Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 4

Menifee Mayor and City Council
February 21, 2024
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2 easements for public utility purposes belonging to either the City of Menifee or public entity that existed prior to this reversion to acreage proceeding. Reservations of any easements are made in accordance with the provisions or Division 9, Part 3, Chapter 5, Article 1, of the Streets and Highways Code of the State of California.

Section 6 . The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 8. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 21st day of February 2024.

Bill Zimmerman, Mayor
Attest:

Sarah Manwaring, City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 5

Menifee Mayor and City Council
February 21, 2024
Page
1157 of 1711

SHEET 1 OF 5 SHEETS

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE

PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS

COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT, NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE ${ }.

DATE: { } , 20{ }.

MATTHEW JENNINGS,

COUNTY TAX COLLECTOR
BY: { } DEPUTY
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS PARCEL MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THE 30' EASEMENT LYING WITHIN PARCEL 1, AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC ACCESS AND PUBLIC UTILITY PURPOSES.

PULTE HOME COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY.

BY:{ }.

NAME: DARREN WARREN
TITLE: VICE PRESIDENT OF LAND ACQUISITION AND DEVELOPMENT

THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BY ITS CITY COUNCIL, HEREBY APPROVES THE PARCEL MAP NO. 38627.

THE 30' EASEMENT LYING WITHIN PARCEL 1, FOR PUBLIC ACCESS AND PUBLIC UTILITY PURPOSES AS SHOWN HEREON, IS HEREBY ACCEPTED.

DATE: { } , 2024{ . }SARAH MANWARING
CITY CLERK, CITY OF MENIFEE,
RIVERSIDE COUNTY, CALIFORNIA

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF PULTE HOME COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY, ON DECEMBER 6, 2022 AND I HEREBY STATE THAT ALL

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.

DATE: { } , 2024
{ }.

ROBERT SCIPIOBLUME, P.L.S. NO. 9154
{FILED THIS DAY OF , 20 ,
AT .M. IN BOOK OF PARCEL MAPS,

AT PAGES - , AT THE REQUEST OF
CITY CLERK OF THE CITY OF MENIFEE.

NO. .

FEE .

PETER ALDANA

ASSESSOR - COUNTY CLERK - RECORDER
BY: , DEPUTY
SUBDIVISION GUARANTEE:FIRST AMERICAN TITLE

COMPANY
ORDER NO. NHSC-7017700}

RECORDER'S STATEMENT

OWNER'S STATEMENT SURVEYOR'S STATEMENT

MENIFEE CITY CLERK CERTIFICATE

TAX COLLECTOR'S CERTIFICATE
NO. 9154
LOT SUMMARY:

NUMBERED PARCELS:1
GROSS AREA:53.23 AC.

NET AREA:53.23 AC.

PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTEREST HAVE BEEN OMITTED:
{SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, OWNER OF AN EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, RECORDED AUGUST 12, 1949 IN BOOK 1101, PAGE 245 OF OFFICIAL RECORDS. AMENDED IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, RECORDED AUGUST 12, 1987, AS INSTRUMENT NO. 233675 OF OFFICIAL RECORDS.

SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, OWNER OF AN EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, RECORDED OCTOBER 2, 1958 IN BOOK 2341, PAGE 353 OF OFFICIAL RECORDS. AMENDED IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, RECORDED AUGUST 12, 1987, AS INSTRUMENT NO. 233675 OF OFFICIAL RECORDS.

SOUTHERN CALIFORNIA EDISON COMPANY, OWNER OF AN EASEMENT FOR ELECTRIC LINES, TELEPHONE LINES, CABLES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 2, 1968, AS INSTRUMENT NO. 10279 OF OFFICIAL RECORDS.

SOUTHERN CALIFORNIA EDISON COMPANY, OWNER OF AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 30, 1896, AS INSTRUMENT NO. 86-240453 OF OFFICIAL RECORDS.

COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED AUGUST 18, 2015 AS INSTRUMENT NO. 2015-0367464 OF OFFICIAL RECORDS. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED ASSIGNMENT OF DECLARANT'S RIGHTS RECORDED JANUARY 19, 2024 AS INSTRUMENT NO. 2024-0018256 OF OFFICIAL RECORDS.}

SIGNATURE OMISSIONS

I HEREBY STATE THAT THIS MAP HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND THAT IT COMPLIES WITH THE CITY OF MENIFEE MUNICIPAL CODES, REGULATIONS, PERMITS, AND ANY AND ALL CITY APPROVALS.

DATE: { } , 2024{
}BY: { }.

ALBERTO PAIVA, R.C.E. NO. 53534

CITY ENGINEER, CITY OF MENIFEE, CALIFORNIA

IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38627
BEING A SUBDIVISION OF LOTS 1 THROUGH 197, INCLUSIVE, A PORTION OF LETTERED LOT "A", AND ALL OF LETTERED LOTS "B" THROUGH "M", INCLUSIVE, OF TRACT NO. 32101, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE , OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA . LOCATED IN SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.

K & A ENGINEERING, INC. DECEMBER, 2022

CITY ENGINEER'S STATEMENT
THIS MAP CONFORMS TO THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES. I HEREBY STATE

THAT THIS MAP HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT.

DATE: { } , 2024{
}BY: { }.

STEVEN E. STRAPAC, P.L.S. NO. 8566

CITY SURVEYOR, CITY OF MENIFEE, CALIFORNIA

CITY SURVEYOR'S STATEMENT
NO. 53534

NOTARY ACKNOWLEDGMENT
STATE OF { }.

COUNTY OF { }.

ON { } BEFORE ME, { } , A NOTARY PUBLIC, PERSONALLY APPEARED { } , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO

BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

MY PRINCIPAL PLACE OF BUSINESS IS IN
SIGNATURE { } { } COUNTY.

MY COMMISSION EXPIRES:{ }.

PRINT NAME: { } MY COMMISSION NUMBER:{ }. {\W0.75;A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT} PURSUANT TO SECTIONS 66434 AND 66499.20.2 OF THE SUBDIVISION MAP ACT, THE APPROVAL

AND RECORDATION OF THIS TRACT MAP CONSTITUTES ABANDONMENT AND RELEASE OF THE

CITY OF MENIFEE'S FEE INTEREST BACK TO THE ORIGINAL FEE OWNER WHO DEDICATED TO THE CITY THE FOLLOWING:
{THOSE PORTIONS OF AN EASEMENT FOR FLOOD CONTROL PURPOSES FOR CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES OVER LOTS 106 AND 130, DEDICATED TO THE CITY OF MENIFEE AND ACCEPTED, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS PARCEL MAP.

THOSE PORTIONS OF EASEMENTS FOR DRAINAGE AND MAINTENANCE PURPOSES OVER LOTS 34 AND 201, DEDICATED TO THE CITY OF MENIFEE AND ACCEPTED, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS PARCEL MAP.

THOSE PORTIONS OF A 20 FEET WIDE REGIONAL TRAIL OVER LOTS 87 AND 198 FOR

CONSTRUCTION AND MAINTENANCE OF COMMUNITY TRAIL FACILITIES, DEDICATED TO THE CITY OF MENIFEE AND ACCEPTED, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS PARCEL MAP.

A PORTION OF LETTERED LOT "A", AND ALL OF LETTERED LOTS "B" THROUGH "M", INCLUSIVE, FOR

STREET AND PUBLIC UTILITY PURPOSES, DEDICATED TO THE CITY OF MENIFEE AND ACCEPTED, SUBJECT TO IMPROVEMENTS, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS PARCEL MAP.

ABUTTERS' RIGHTS OF ACCESS ALONG BRIGGS ROAD. THE OWNERS OF LOTS 29 THROUGH 31, AND LOTS 34 THROUGH 57, INCLUSIVE, ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL

HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS PARCEL MAP.

ABUTTERS' RIGHTS OF ACCESS ALONG DOMENIGONI PARKWAY. THE OWNERS OF LOTS 1, 58, 59, 68, 69, 72 THROUGH 87, INCLUSIVE, 199, 201, AND 202 ABUTTING THIS HIGHWAY AND DURING SUCH

TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, PER TRACT MAP 32101, RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE, OFFICIAL

RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THE BOUNDARY OF THIS

ABANDONMENT NOTE
FOR FINANCE PURPOSES ONLY. A FUTURE SUBDIVISION MAP OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REQUIRED PRIOR TO DEVELOPMENT OF THIS PROPERTY.

THIS MAP DOES NOT REMOVE ANY CONDITIONS OF APPROVAL FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR TENTATIVE MAPS APPROVED FOR THIS LAND.

SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.

I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ { } HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS

OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL,

OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH THE

COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATE: { } , 20{ }.

CASH OR SURETY TAX BOND

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
BY: { } , DEPUTY

TAX BOND CERTIFICATE
EXHIBIT "A"
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 6

Menifee Mayor and City Council
February 21, 2024
Page
1158 of 1711

C/L DOMENIGONI PARKWAY

C/L LINDENBERGER ROAD
T.M. 32102-1
M.B. 475/10-21
T.M. 32102
M.B. 475/22-29
3136
36 \A1;50'\A1;50'
\A1;100'
\A1;50'\A1;50'
\A1;100'
\A1;50'
\A1;76'\A1;76'
\A1;152'
\A1;76'\A1;76'
\A1;152'
\A1;110'\A1;55'
\A1;55'
\A1;152'
\A1;76'
\A1;76'
\A1;76'
R.S. 84/27
L.L.A. NO. 5221
INST. NO.
2008-0627851
C
/L
BRIGG
S
RO
AD
1 2 3 4 5 6 8 9 10 11 12 13 14
90 91 92 93 94 95 96 97 98
89 88
87 86
85 84
83 15 16
99 100
110
111
112
113
114
117
17 20 21
101
102
103
104
105 106
107
108
109
119
121
122
123
124
125
126
129 130 131 132 133 134
145
171
172
182
183
185
186
187
188
189
190
191 192
197
128
18 19
195
144
44 22 23 24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
135 136
137
138
139
140
141
143
146
147
148
149
150
151
180
181
184
193
194
142
196
64 63
62 61
60 59
58 57
56 55
54 53
52 51
50 152
154
155156
178
179
153
49 48
47 46
45 82
81 80
79 78
76 75
74 73
72 71
70 69
68 67
66 65
115
116
118
120
157158159
160
161
162
163
164
165
166
167
168
169
170
173
174
175
176
177
201 O.S.
200 O.S.
198

PARK SITE
199 O.S.
202 O.S.

T.M. 32101
M.B. 446/42-49

SEE DETAIL
ON SHEET 5
127

SEE DETAIL
ON SHEET 4
277
278279280281282283284285286287288289290200199198194193192191190189188187186185184183182 181
45 317
O.S.

SEE DETAIL
"A" HEREON

SEE DETAIL
ON SHEET 5

SEE DETAIL
ON SHEET 4
25 36 25 30
36 31

C/L BRIGGS ROAD

C/L NEWPORT ROAD
36 1
36 31
1 6
\A1;50'
\A1;50'

LINE TABLE
NO.

L1
L2
L3
L4

BEARING
(N89°18'47"W R1)
(N89°18'47"W R1)
LENGTH
(91.34' R1)
(182.68' R1)
(78.01' R1)
(77.85' R1)
\A1;50'
\A1;R/W\A1;10'
\A1;59'
277278
322 O.S.
30 29
SHEET 2 OF 5 SHEETS
SEARCHED, NOTHING FOUND. SET 1" I.P., W/TAG "L.S. 9154", FLUSH.

FOUND 1 1/2" I.P., W/NAIL AND TACK, TAGGED "CO. SURVEYOR", DN. 0.5' IN DIRT, ACCEPTED AS NORTH 1/4 CORNER OF SECTION 36 PER PARCEL MAP 21838 P.M.B. 146/1-26.

FOUND 1 1/4" BRASS DISC, FLUSH, STAMPED "RIV CO TRANS, 103+75.00, NP C/L INT, 10+00 LIND", PER RIV. CO. R/W MAP 929-DD. ACCEPTED AS C/L INT. DOMENIGONI & REALIGNED LINDENBERGER.

FOUND 1" I.P., "RIV. CO. TRANS.", DN. 0.30', PER RIV. CO. R/W MAP 929-DD.

FOUND 1" I.P., W/WOOD PLUG W/NAIL, IN LIEU OF 1 1/2" I.P., "RIV. CO. SURV.", PER P.M.B. 146/1-26. ACCEPTED AS QUARTER CORNER OF SECTION 36. SET TAG "L.S. 5529".

FOUND 1" I.P., "R.C.E. 14232", FLUSH, PER P.M.B. 146/1-26.

FOUND 1" I.P., W/NAIL AND TAG ILLEG., DN. 1.2', IN LIEU OF 1" I.P, W/TAG "L.S. 4230", PER P.M.B. 146/1-26. ACCEPTED AS S.E. CORNER OF SECTION 36. SET TAG "L.S. 5529".

FOUND 1" I.P., W/SQUARE HEAD, DN. 1.2', IN LIEU OF 1" I.P., W/TAG "RIV. CO. SURV.", PER P.M.B. 146/1-26. ACCEPTED AS QUARTER CORNER OF SECTION 36. SET TAG "L.S. 5529".

FOUND 1" I.P., W/PLASTIC PLUG "RIV. CO. TRANS" W/X-TIES, FLUSH, PER T.B. 108/71 AND RIV. CO. R/W MAP 929-DD. ACCEPTED AS CENTER QUARTER CORNER OF SECTION 36.

FOUND 1 1/4" I.P., "RIV. CO. SURV", DN. 0.8', IN LIEU OF 1" I.P., W/TAG "RCFC&WCD", PER P.M.B. 146/1-26, P.M.B. 136/3-4, AND R.S. 70/26-33. ACCEPTED AS QUARTER CORNER OF SECTION 36.

FOUND 3/4" I.P., W/PLASTIC PLUG "RCFC&WCD", DN. 0.6', PER R.S. 70/26-33 AND P.M.B. 146/1-26. ACCEPTED AS N.E. CORNER OF SECTION 36.

SEARCHED, NOTHING FOUND. ESTABLISHED BY INTERSECTION.

FOUND 1" I.P., W/PLASTIC PLUG "R.C.E. 14232, DN. 0.2', PER P.M.B. 146/1-26. S8901'09"E 0.22'. HELD FOR EAST-WEST LINE.

SEARCHED, NOTHING FOUND. ESTABLISHED BY INTERSECTION.

SEARCHED, NOTHING FOUND. ESTABLISHED BY PRORATION.

SEARCHED, NOTHING FOUND. HELD RECORD DISTANCE PER L.L.A. 4874, RECORDED JULY 24, 2005 AS INST. NO. 2005-0501831, OR.

TO BE SET PER TRACT MAP 32102-1, M.B. 475/10-21.

FOUND 1" I.P., W/PLASTIC PLUG ILLEG., DN. 0.3', IN LIEU OF 1" I.P., W/TAG "R.C.E. 14232", PER PM 146/1-26.

MONUMENT NOTES PER M.B. 446/42-49:

SEE SHEET 3 FOR INDEX MAP, EASEMENT NOTES, SURVEYOR'S NOTES, BASIS OF BEARINGS, GPS DIAGRAM, AND VICINITY MAP.

NOTE:

BOUNDARY SHEET

K & A ENGINEERING, INC. DECEMBER, 2022
FOR FINANCE PURPOSES ONLY. A FUTURE SUBDIVISION MAP OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REQUIRED PRIOR TO DEVELOPMENT OF THIS PROPERTY.

THIS MAP DOES NOT REMOVE ANY CONDITIONS OF APPROVAL FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR TENTATIVE MAPS APPROVED FOR THIS LAND.

SCALE: 1"=200'
200 400 6000
DETAIL "A"
SCALE: 1"=60'
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 7

Menifee Mayor and City Council
February 21, 2024
Page
1159 of 1711

LINDENBERGER
ROAD
BRIGGS
RO
AD
4 PARCEL 1

DOMENIGONI PARKWAY
5 T.M. 32102-1
M.B. 475/10-21
T.M. 32102
M.B. 475/22-29
R.S. 84/27
L.L.A. NO. 5221
INST. NO.
2008-0627851
SHEET 3 OF 5 SHEETS
SCALE: 1"=200'
200 400 6000
GPS CONTROL TIES PER M.B. 446/42-49
N.T.S.

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS "P474", "CNPP", AND "PPBF", NAD83 (NSRS 2007) AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF 0.999911223. CALCULATIONS ARE MADE AT POINT NO. "11"; NORTHEAST CORNER OF SECTION 36 WITH COORDINATES OF:

N:2200626.435 (GRID), E:6292034.860 (GRID), USING AN ELEVATION OF 1441.62 BASIS OF BEARINGS PER M.B. 446/42-49:

SHEET INDEX:

NO.{DESCRIPTION}
1TITLE SHEET
2BOUNDARY SHEET
MONUMENT NOTES
3INDEX MAP
EASEMENT NOTES
SURVEYOR'S NOTES
BASIS OF BEARINGS
GPS DIAGRAM
VICINITY MAP
4-5MAPPING SHEETS

SIMPSON RD
TO HIGHWAY 74
& CITY OF HEMET

LAKE ELSINORE

OLIVE AVE

WINCHESTER RD

PATTON AVE

GARBANI RD

HOLLAND RD

MENIFEE RD

TO CITY OF TEMECULA

TO CITY OF

MORENO VALLEY

TO CITY OF

PROJECT
SITE

INTERSTATE
215

INTERSTATE
15 CALIFORNIA
79 NEWPORT
RD

DOMENIGONI
PKWY

LINDENBERGER
RD

LEON RD

BRIGGS RD

VICINITY MAP
N.T.S.

EASEMENT NOTES:

INDICATES AN EXISTING EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, RECORDED AUGUST 12, 1949, IN BOOK 1101, PAGE 245, OF OFFICIAL RECORDS. SUBJECT TO AN AMENDMENT TO RIGHT-OF-WAY BY AND BETWEEN SOUTHERN CALIFORNIA GAS COMPANY, SUCCESSOR BY MERGER WITH SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA AND THE LUSK COMPANY, RECORDED AUGUST 12, 1987, AS INSTRUMENT NO. 233675, OF OFFICIAL RECORDS.

INDICATES AN EXISTING EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, RECORDED OCTOBER 2, 1958, IN BOOK 2341, PAGE 353, OF OFFICIAL RECORDS. SUBJECT TO AN AMENDMENT TO RIGHT-OF-WAY BY AND BETWEEN SOUTHERN CALIFORNIA GAS COMPANY, SUCCESSOR BY MERGER WITH SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA AND THE LUSK COMPANY, RECORDED AUGUST 12, 1987, AS INSTRUMENT NO. 233675, OF OFFICIAL RECORDS.

INDICATES AN EXISTING EASEMENT FOR ELECTRIC LINES, TELEPHONE LINES, CABLES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED FEBRUARY 2, 1968, AS INSTRUMENT NO. 10279, OF OFFICIAL RECORDS.

INDICATES AN EXISTING EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED SEPTEMBER 30, 1986, AS INSTRUMENT NO. 86-240453, OF OFFICIAL RECORDS.

INDEX SHEET
SURVEYOR'S NOTES:
(R1)INDICATES RECORD DATA PER TRACT MAP NO. 32101, M.B. 446/42-49.

O.S.INDICATES OPEN SPACE.

INDICATES MONUMENT NUMBER AS DESCRIBED IN MONUMENT NOTES HEREON.

INDICATES FOUND MONUMENT AS NOTED HEREON.

INDICATES SET 1" I.P. WITH "L.S. 9154" TAG, FLUSH AT ALL PARCEL CORNERS, ANGLE POINTS IN SIDE OR REAR LOT LINES, AND ANGLE POINTS IN SUBDIVISION BOUNDARY.

WHERE WALLS EXIST, SET NAIL AND TAG "L.S. 9154" ON TOP OF WALL IN LIEU OF 1" I.P.

SET LEAD AND TAG "L.S. 9154", IN TOP OF CURB (RIVERSIDE COUNTY STANDARD "E") ON SIDE LOT LINES PROJECTED.

SET LEAD AND TAG "L.S. 9154", IN TOP OF CURB (RIVERSIDE COUNTY STANDARD "E") FOR B.C.s, E.C.s, P.C.C.s, P.R.C.s, AND CORNER CUTBACKS PROJECTED PERPENDICULAR OR RADIAL FROM CENTERLINE.

ALL MONUMENTS SHOWN AS "SET" IN ACCORDANCE WITH THE MONUMENT AGREEMENT FOR THIS MAP.

ALL MONUMENTS ARE SET AND TAGGED PER ORDINANCE 461.21.
{TOTAL AREA = 53.23 ACRES GROSS}

K & A ENGINEERING, INC. DECEMBER, 2022
FOR FINANCE PURPOSES ONLY. A FUTURE SUBDIVISION MAP OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REQUIRED PRIOR TO DEVELOPMENT OF THIS PROPERTY.

THIS MAP DOES NOT REMOVE ANY CONDITIONS OF APPROVAL FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR TENTATIVE MAPS APPROVED FOR THIS LAND. 5 Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 8

Menifee Mayor and City Council
February 21, 2024
Page
1160 of 1711

SEE DETAIL ON SHEET 5

C/L DOMENIGONI PARKWAYC/L LINDENBERGER ROAD
C
/L
BRIGGS
RO
AD
T.M. 32102-1
M.B. 475/10-21
3136

53.23 AC
\A1;76'\A1;76'
\A1;152'
\A1;76'\A1;76'
\A1;152'
\A1;110'\A1;55'\A1;55'
\A1;152'
\A1;76'
\A1;76'
\A1;76'
\A1;16.5'
\A1;30'
\A1;25'
\A1;30'
T.M. 32102
M.B. 475/22-29
R.S. 84/27
L.L.A. NO. 5221
INST. NO.
2008-0627851
\A1;30'
PARCEL 1
(R=1476.00' R1)
(R=1459.00' R1)
\A1;30'
(N89°18'47"W R1) (91.34' R1)
(78.01' R1)

LINE TABLE
NO.

L1
L2

BEARING LENGTH

CURVE TABLE
NO.

DELTA RADIUS
(1,924.19' R1)
LENGTH
174.25'
L3
L4
L5
L6
L8
L9
L10
(200.48' R1)
(101.69' R1)
(198.16' R1)
(45.11' R1)
(24.19' R1)
(69.30' R1)
(27.57' R1)
(39.31' R1)
C2
C3
C4
C5
(1,979.00' R1)
(1,521.00' R1)
(1,459.00' R1)
(1,476.00' R1)
(292.22' R1)
(396.60' R1)
(378.78' R1)
(182.16' R1)
SHEET 4 OF 5 SHEETS
SCALE: 1"=150'
150 300 4500
SEE SHEET 2 FOR BOUNDARY AND MONUMENT NOTES.

SEE SHEET 3 FOR INDEX MAP, EASEMENT NOTES,

SURVEYOR'S NOTES, BASIS OF BEARINGS, GPS
DIAGRAM, AND VICINITY MAP.

NOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38627
BEING A SUBDIVISION OF LOTS 1 THROUGH 197, INCLUSIVE, A PORTION OF LETTERED LOT "A", AND ALL OF LETTERED LOTS "B" THROUGH "M", INCLUSIVE, OF TRACT NO. 32101, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 446, PAGES 42 THROUGH 49, INCLUSIVE , OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA . LOCATED IN SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.

K & A ENGINEERING, INC. DECEMBER, 2022
FOR FINANCE PURPOSES ONLY. A FUTURE SUBDIVISION MAP OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REQUIRED PRIOR TO DEVELOPMENT OF THIS PROPERTY.

THIS MAP DOES NOT REMOVE ANY CONDITIONS OF APPROVAL FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR TENTATIVE MAPS APPROVED FOR THIS LAND.

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 9

Menifee Mayor and City Council
February 21, 2024
Page
1161 of 1711

C/L DOMENIGONI PARKWAY

53.23 AC
\A1;76'
\A1;76'
\A1;152'
\A1;76'
\A1;76'
\A1;152'
\A1;110'
\A1;55'
\A1;55'
\A1;16.5'
\A1;30'
\A1;30'
PARCEL 1

C/L LINDENBERGER ROAD
(81°50'39" R1)
(68°37'30" R1)
(48.00' R1)
(48.00' R1)
372.00'
372.00'
(48.00' R1)
(102.83' R1)
(68.57' R1)

30.10'

9.85'
(57.50' R1)

LINE TABLE
NO.

L1
L2
L3
L4
L5
L6
L8
L9
L10
L11
L12
L13
L14
L15

BEARING
(N89°18'47"W R1)
(N89°18'47"W R1)
(N36°42'57"W R1)
(N36°26'10"W R1)
(N62°52'47"E R1)
LENGTH
(60.78' R1)
(58.95' R1)
(52.11' R1)
(51.45' R1)
(47.17' R1)
(57.10' R1)
(57.16' R1)
(50.07' R1)
(10.27' R1)
(7.46' R1)
(46.61' R1)
(47.72' R1)
(32.47' R1)
(10.24' R1)
(25.77' R1)
T.M. 32102-1
M.B. 475/10-21
\A1;30'

CURVE TABLE
NO.

C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
DELTA
22°42'44"
36°25'11"
22°42'44"
28°12'43"
RADIUS

48.00'

48.00'
372.00'
(372.00' R1)
415.00'
385.00'
LENGTH

19.03'

30.51'

19.03'
100.49'
(140.44' R1)
204.34'
186.38'
L16
L17
L18
N55°37'23"W
N35°22'12"E
N35°22'12"E

13.09'

62.33'

77.86'
\A1;30'
SEE SHEET 2 FOR BOUNDARY AND MONUMENT NOTES.

SEE SHEET 3 FOR INDEX MAP, EASEMENT NOTES,

SURVEYOR'S NOTES, BASIS OF BEARINGS, GPS
DIAGRAM, AND VICINITY MAP.

NOTE: SHEET 5 OF 5 SHEETS
SCALE: 1"=60'
60 120 1800
EASEMENT NOTE:
\A1;\pxa1.25;INDICATES A PUBLIC ACCESS AND PUBLIC UTILITY PURPOSES EASEMENT, DEDICATED HEREON.

K & A ENGINEERING, INC. DECEMBER, 2022
FOR FINANCE PURPOSES ONLY. A FUTURE SUBDIVISION MAP OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REQUIRED PRIOR TO DEVELOPMENT OF THIS PROPERTY.

THIS MAP DOES NOT REMOVE ANY CONDITIONS OF APPROVAL FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR TENTATIVE MAPS APPROVED FOR THIS LAND.

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP Item Page Number: 10

Menifee Mayor and City Council
February 21, 2024
Page
1162 of 1711

NO FEE DOCUMENT 09/03/2015 02:45 PM Fee: $ 0.00
Government Code §6103 Page 1 of 13
2015-0396585
RECORDING REQUES TED BY AND Recorded in Official Records WHEN RECORDED MAIL TO: County of Riverside Peter Aldana Assessor-County Clerk-Recorder CITY OF MENIFEE 1111 ��,�1�l��t�!��flll Ill 29714 Haun Road Menifee, California A Exam: /#7.'",
Attention: City Clerk Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert l '2..
'
I

SIZE NCOR
I ---

LIEN AGREEMENT
-
SMF NCHG ''I\JC+\:(} Ce, 11
THIS LIEN AGREEMENT ("Lien Agreement") is made and entered into this 5th day of August, 2015, by and between the CITY OF MENIFEE, a California municipal corporation ("City") and DIAMOND BROTHERS FIVE PARTNERSHIP, LP, a California limited partnership ("Owner").

RECITALS
A. Owner has submitted to the City for its approval, Tract No. 32101, a proposed development comprised of one hundred ninety-seven (197) single family residential
homes, one (1) public park, and five (5) open space lots, located in the City of Menifee, County of Riverside, State of California (the "Project").

B. In connection with the Project, Owner has applied to City for approval of a Final Map pursuant to Government Code Section 66434 ("the Subdivision Code") for Final Parcel Map 32101 ("Final Map") for real property located within City, a legal description
of which is attached hereto as Exhibit "A" ("Property").

C. The conditions of approval for the Tentative Tract Map for the Property require Owner to construct certain improvements that, upon completion, will be accepted by the City as public improvements ("Public Improvements"). A list of the Public Improvements
and an estimate of the costs for the Public Improvements approved by the City Engineer is attached as Exhibit "B" and incorporated herein by this reference.

D. Since Owner will not complete the Public Improvements prior to the approval by City of the Final Map, Owner is required to enter into an agreement with City for the
completion of the Public Improvements and the provision of improvement security ("Subdivision Improvement Agreement").

E. California Government Code Section 66499 authorizes the City and Owner to enter into this Lien Agreement in satisfaction of the security obligations contained in the Subdivision Improvement Agreement.

Diamond Bros -
Lien Agreement
#35753972_v3
cc
0 EXHIBIT "B"
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 11

Menifee Mayor and City Council
February 21, 2024
Page
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F. City has found and determined that it would not be in the public interest to require the installation of the Public Improvements sooner than two years after recordation of the Final Map.

G. Owner has provided a title insurance policy and current title report to the City from a title company approved by the City and issued within the 60 days prior to the execution of this Lien Agreement that documents that the Owner is the record owner of the Property and the Property is not subject to any mortgages, deeds of trust, or judgment liens.

OPERATIVE PROVISIONS
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledged, the Parties hereto agree as follows:

I. Owner Performance and Obligations
A. Owner hereby grants to City, in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property as security for the following obligations of Owner (collectively, the "Obligations"):
(1) Construction of the Public Improvements specified in Exhibit "B" attached hereto; provided, however, that Owner's obligation hereunder shall extend to the actual cost of the construction of the Public Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit "B"; and
(2) Payment of the balance of the fees or provision of the improvements or services described in the Subdivision Code (collectively, "Fees"), in the amount required in accordance with the Subdivision Code, as determined appropriate by the Director of Public Works.

This Lien secures the Obligations and the remedies provided herein for breach of the Obligations.

B. For so long as title to the property remains subject to this Lien Agreement, Owner shall not: (1) commence work other than grading on any portion of the Public Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare with the consent of the City or (2) sell or permit the sale of any lot shown on the Final Map. Notwithstanding the above, fee title to the entire property encumbered by this Lien Agreement or not less than 50 lots designated on the Final Map per transaction may be sold in the aggregate to a single purchaser, provided that the proposed purchaser, prior to assuming title to the property, executes a new lien agreement or provides such alternative security, as may be required by the City of Menifee and executes a new Subdivision Improvement Agreement with the City.

Diamond Bros - Lien Agreement
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Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 12

Menifee Mayor and City Council
February 21, 2024
Page
1164 of 1711

C. Prior to commencing the installation and/or construction of any portion of the Public Improvements required by the Subdivision Improvement Agreement, Owner shall deposit fees for inspection, tests and other related purposes, and shall substitute other forms of security satisfactory to City in place of this Lien Agreement. Grading of the Property shall not be considered construction of the Public Improvements for the purposes of this Lien Agreement and Owner is not required to substitute other forms of security in place of this Lien Agreement prior to commencing grading.

E. Owner shall provide all substitute forms of security in the amounts and for the purposes set forth in the Subdivision Improvement Agreement, except that the amounts shall be calculated using the estimated cost of the Public Improvements at the time of substitution, as ascertained by City.

F. Owner shall substitute acceptable security for this Lien Agreement and commence construction of the Public Improvements required by the Subdivision Improvement Agreement within three (3) years following the date of recordation of the Final Map. At its sole discretion, the City may grant up to three extensions of time for one year each. For each extension of time, Owner shall provide a title insurance policy and current title report from a title company approved by the City, and issued within 60 days prior to the request for an extension of time, that documents that Owner is the record owner of the real property to be divided as identified on the Final Map and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens.

G. Owner shall pay the Fees related to the work required by the Subdivision Improvement Agreement for which the Fees are required prior to issuance of any building permit or, if permitted by the City, prior to occupancy.

H. Owner agrees that if suit is brought upon this Lien Agreement, all costs and reasonable expenses and fees incurred by the City in successfully enforcing Owner's obligations shall be paid by Owner, including attorneys' fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

I. Owner agrees to indemnify, and hold harmless, the City, its officers, employees and agents from any liability whatsoever based or asserted upon: (i) any act or omission of Owner, its employees and agents relating to or in any way connected with the accomplishment of work, obligations, or performance of service under this Lien Agreement; or (ii) the approval of this Lien Agreement. As part of the foregoing indemnity, Owner agrees to protect and defend, with counsel selected by City, at Owner's own expense, including attorneys' fees, the City, its officers, employees and agents in any legal action based upon such alleged acts or omissions.

II. City's Performance and Obligations
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Item Title: 10.12
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Item Page Number: 13

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February 21, 2024
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A Following (1) City's approval of the substitute forms of security submitted by Owner, (2) deposit by Owner of fees for inspections, tests and other specific purposes and (3) Owner's payment or other performance of the obligations encompassed by the Subdivision Improvement Agreement, performance of which are secured by this Lien Agreement, City shall release the Property from the provisions of this Lien Agreement, and shall execute any necessary release to enable Owner or its transferee to clear the record of title of the Property so released of the lien herein imposed.

B. In no instances shall this Lien Agreement compel the City to construct the required Public Improvements.

Ill. Owner's Representations and Warranties
Owner represents and warrants that no lots within the Property have been sold, no construction permits (including but not limited to grading permits and building permits) have been issued and are active for all or part of the Property, and no construction of any of the Public Improvements has commenced.

IV. Effect of Lien Agreement
A From the date of recordation of this Lien Agreement, a lien shall attach to the Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the Subdivision Improvement Agreement and any Fees. Under no circumstances shall the City agree to subordinate the lien.

B. Owner shall have the right to convey or sell fee title to the entire property, or a portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees in writing to accept and be bound by the terms and provisions of this Lien Agreement, the applicable Subdivision Improvement Agreement, and the Fees, or has provided alternative security acceptable to the City. Any new lien agreement entered into by a purchaser of the Property must provide for completion of the Public Improvements by the same date as is specified herein.

C. This Lien Agreement shall expire upon release of the Property by the City, except that Owner's obligation to commence the Public Improvements within three (3) years from the date of recordation of this Lien Agreement (or such date as may have been extended in accordance with the Subdivision Code), as described in Section I (F) above, shall not expire but shall remain in full force and effect until satisfactory completion of the Public Improvements in full compliance with the Subdivision Improvement Agreement.

D. Notwithstanding any provisions of the Subdivision Code to the contrary, so long as this Lien Agreement is utilized for security as described herein, the City is not obligated to accept offers of dedication for street or drainage purposes on the property.

V. Events of Default
Diamond L1ros - Lien Agreement
#35753972 v3
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 14

Menifee Mayor and City Council
February 21, 2024
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Upon the occurrence of any one of the following events, Owner shall be deemed in default hereunder:

A. Filing of any proceedings or action by or against Owner to declare Owner bankrupt or to appoint a receiver or trustee for Owner or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within (60) days.

B. Levy of any attachment or writ of execution against Owner and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than Owner and such attachment or execution is not released within 60 days.

C. Sale of any lot shown on the Final Map prior to rele.ase of the lien created by this Lien Agreement, except as provided in subparagraph IV (B).

D. Request by Owner of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property.

E. Breach by Owner of any other term or condition of this Lien Agreement or the Subdivision Improvement Agreement or Owner's failure to fully and faithfully discharge its obligations hereunder within the time specified in Section VI below.

All References to Owner in this section shall be deemed to include Owner's successors, assignees, and transferees.

VI. City's Remedies
Upon the occurrence of any of the events described in Section V, above, City may declare a breach of this Lien Agreement by if Owner does not cure such violation within 90 days after Owner's receipt of written notice from the City (or, if not curable within 90 days, within such period of time as is reasonably necessary, but in no event more than 180 days, provided Developer diligently commences and pursues such cure and indemnifies the City for all related costs, of whatever kind) and City may exercise any one or more of the following remedies:

A. Pursue any or all if the remedies provided in the Subdivision Improvement Agreement;
B. Enforce this lien by appropriate action in court or as provided by law and in the event of enforcement is by action in court, the Owner agrees that the amount of said lien shall include reasonable attorneys' fees which shall be taxed as a cost in any suit for such enforcement;
Diamond Bros - Lien Agreement
#35753972 v3
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 15

Menifee Mayor and City Council
February 21, 2024
Page
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C. Estimate the cost of the work required to complete the Public Improvements, and all fees, and foreclose said lien in said amount;
D. Initiate proceedings for reversion of the Property within the land division to acreage, at the expense of the Owner, in accordance with the provisions of the Subdivision Map Act;
E. Pursue any other remedy, legal or equitable, for the foreclosure of a lien.

Owner, its heirs and assigns, shall pay reasonable attorneys' fees to be taxed as cost in said proceedings.

VIL General Provisions
A Recordation. This Lien Agreement shall be recorded by City with the County Recorder immediately following execution of this Lien Agreement indexed by (1) all parties hereto, and (2) all parties having any record title interest in the subject real property, pursuant to Government Code Section 66436, acknowledge subordination of their interest of this Lien Agreement.

B. Contingency. This Lien Agreement shall not take effect until it has been approved by the City Council of the City of Menifee.

C. Entire Agreement. This Lien Agreement together with all exhibits and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject manner contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written are superseded.

D. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the parties.

E. Governing Law. This Lien Agreement shall be governed, interpreted, construed, and enforced in accordance with laws of the State of California.

F. Headings. The captions and section headings used in this Lien Agreement are inserted for convenience of reference only and are not intended to define, limit or effect construction or interpretation of any term or provision hereof.

G. Modification. Waiver. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all parties.

H. No Other Inducement. The making, execution and delivery of this Lien Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein.

Diamond Bros - Lien Agreement
#35753972 v3
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 16

Menifee Mayor and City Council
February 21, 2024
Page
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I. Severability. If any term, prov1s1on, covenant, or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be effected thereby, and each term, provision, covenant, or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.

CITY OF MENIFEE,
a Municipal Corporation
of the State o alifornia
By:_'----t-t---tt--'�--------.,--
Name:

Its:

ATTEST:

City Clerk
APPROVED AS TO FORM:

Diamond Bros - Lien Agreement
#35753972 v3

DIAMOND BROTHERS FIVE PARTNERSHIP, LP
a California limited partnership
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 17

Menifee Mayor and City Council
February 21, 2024
Page
1169 of 1711

EXHIBIT "A"

PROPERTY LEGAL DESCRIPTION
Diamond Bros - Lien Agreement
#35753972 v3
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 18

Menifee Mayor and City Council
February 21, 2024
Page
1170 of 1711

LEGAL DESCRIPTION
FOR
TRACT NO. 32101

ANNEXATION

IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS:

BEGNINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36;
THENCE NORTH 00'35'59" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 36, A DISTANCE OF 845.10 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY (152.00 FEET IN FULL WIDTH), AS SET FORTH AS PARCEL 0785-0028 IN THAT CERTAIN GRANT DEED TO COUNTY OF RIVERSIDE RECORDED APRIL 15, 2004 AS INSTRUMENT NO. 2004- 0274331, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO

BEING ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 12'41 '38" WEST;

THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 17°56'19", AN ARC DISTANCE OF 602.44 FEET;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 5°50'08" WEST, A DISTANCE OF 83.38 FEET TO A POINT ON THE CENTERLINE OF SAID DOMENIGONI

PARKWAY, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2000.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 29'37'50" WEST;

THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 3 °10'15", AN ARC DISTANCE OF 110.70 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 5°50'08" EAST, A DISTANCE OF 76.59 FEET

TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2250.00 FEET;

THENCE SOUTHERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 0'13'55", AN ARC DISTANCE OF 9.11 FEET TO A POINT ON SAID

SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY, SAID POINT BEING

THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 33 °57'30" WEST;

Page 1 ends

G:\201 N 3-0146\CFDV..EGAL DESC CFO.doc Albert A. Webb Associates Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 19

Menifee Mayor and City Council
February 21, 2024
Page
1171 of 1711

THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 "39'59", AN ARC DISTANCE OF 727.63 FEET;
THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 34"22'31" WEST, A DISTANCE OF 1632.83 FEET TO AN ANGLE POINT ON THE BOUNDARY LINE OF SAID PARCEL 0785-002B;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 89°18'47" EAST, A DISTANCE OF 2064.74 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36;
THENCE NORTH 0"35'59" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 1318.18 FEET TO THE POINT OF BEGINNING.

Prepared By: .,,t/J_ Checked By: �
G:\2013\13-0146\CFDV,EGAL DESC CPD.doc

Page 2 of 2 ends

NO. 7673
Albert A. Webb Associates
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 20

Menifee Mayor and City Council
February 21, 2024
Page
1172 of 1711

EXHIBIT "B"

PUBLIC IMPROVEMENTS & COSTS
Storm Drain
Grading/Drainage
Erosion Control
WQMP
Street/Drainage
Flood Control
Domestic Water
Reclaimed Water
Sewer
Survey Monumentation
Total
Diamond Bros - Lien Agreement
#35753972_v3
549,329.00
406,808.16
510,513.60
169,920.00
6,389,964.43
807,477.60
760,399.20
57,168.00
1,160,436.96
200,160.00
11,012,176.95
Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 21

Menifee Mayor and City Council
February 21, 2024
Page
1173 of 1711

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of l O � Prn �l e S
On j IJ I j 2 2, "°' � before me, ____ ___,\-J'-"'-#-,>L-J"a'-------"L--'-CvM----'-. -----'Nl---=-=-Dtn...........,.__,_.r21'-+----- Date Here lnsefiName and Title of the omceJ
personally appeared ___ (8_:::::-,_-ee>_dU,_�-e,--C�h_i-0......,Q�--��u��-Gi=-+-�C�tf�A:!J��bJ'-+----- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be tt�erson� whose name{.a}@ai:e- �scribed to the within instrument and acknowledged to me tha�executed the same in � authorized capacity� and that b�ignature.(.8)-on the instrument the person(,8t; or the entity upon behalf of which the person.(sracted, executed the instrument.

NYA LAM
Commission # 2047502
Notary Public - California !
Los Angeles County ..
� -- - -<>Ml S0Tril· =s 2c1 3J }�11l
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signa
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s)
Signer's Name: ___________ _
D Corporate Officer - Title(s): _____ _ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: ______________ _
Signer Is Representing: _________ _
Signer's Name: _____ ____ __ _
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: ______________ _
Signer Is Representing: ________ _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 22

Menifee Mayor and City Council
February 21, 2024
Page
1174 of 1711

State of California
County of '.E:"'us,k
On A1�u,s..\- (p I ao IS before me, --:SLJ\'f\,£g,t Pt\\(.{'\ J f\o+c.v 'j f v\.\:,\',c....

U Date Here Insert Name and Title of the Officer
personally appeared ------�R�:o�t?""'e,_.cl:�_A..........,_.�::S:�a�h�O��O.,_C\r.,,.__ __________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(6)'" whose name(at is/are subscribed to the within instrument and acknowledged to me that he/she/tRey executed the same in his/1:lef/th.eir authorized capacity(i�. and that by his/her/tl:leir signature(s) on the instrument the person(s), or the entity ·upon behalf of which the person(st- acted, executed the instrument. }e e e e e e,. c>& e e e .e.
.�t·· JENNIFER ALLEN
�,€.'•""��- Commission# 1984645
�1,:..:_��! Notary Public· Cali!ornia �
z '�� Riverside County �
) '•........ My Comm. Expires Jul 9, 2016 (···········••000000 Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Lien 4
.j
CRRl/114-+- Document Date: _______ _
Number of Pages: ___ Signer(s) Otfier Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: _____________ _
Signer Is Representing: _________ _
Signer's Name: _______ ____ _
D Corporate Officer - Title(s): ____ __ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
0 Other: ______________ _
Signer Is Representing: ________ _
•
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 23

Menifee Mayor and City Council
February 21, 2024
Page
1175 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 24

Menifee Mayor and City Council
February 21, 2024
Page
1176 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 25

Menifee Mayor and City Council
February 21, 2024
Page
1177 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP Item Page Number: 26

Menifee Mayor and City Council
February 21, 2024
Page
1178 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 27

Menifee Mayor and City Council
February 21, 2024
Page
1179 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 28

Menifee Mayor and City Council
February 21, 2024
Page
1180 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 29

Menifee Mayor and City Council
February 21, 2024
Page
1181 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 30

Menifee Mayor and City Council
February 21, 2024
Page
1182 of 1711

Item Title: 10.12
Parcel Map 38627 for Financing Purposes for Banner Park South by Diamond Brothers Five Partnership, LP
Item Page Number: 31

Menifee Mayor and City Council
February 21, 2024
Page
1183 of 1711

CITY OF MENIFEE
SUBJECT: Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Landscape Improvement Agreement to guarantee the completion of required public landscape improvements associated with Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC, located north of Normandy Road and east of Berea Road.

DISCUSSION
Plot Plan 2020-0167 (PLN20-0167), also known as Boulders Mixed Use (“Project”), is a proposed development of a 10.14-acre parcel into a three-story office building, a day care building, and a 234-unit apartment complex. The Project is located north of Normandy Road and East of Berea Road.

Boulders Menifee LLC, a California limited liability company (“Developer”), is now requesting the approval of the Landscape Improvement Agreement (LIA) as required by the Project’s conditions of approval. The LIA requires that the improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreement.

Staff has reviewed the Developer’s request and determined that the LIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required improvements is shown in Table 1 below.

Table 1- PLN20-0167 Boulders Mixed Use, IP22-025L, Public Landscape Improvements Improvement Security Faithful Performance Material & Labor Landscape 1980133 $ 119,500 $ 59,750
Total $ 119,500 $ 59,750
Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 1

Menifee Mayor and City Council
February 21, 2024
Page
1184 of 1711

City of Menifee Staff Report
Boulders Mixed Use - LIA
February 21, 2024

Page 2 of 2 ends

2 0
0 4

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Agreement

3. Bond
Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 2

Menifee Mayor and City Council
February 21, 2024
Page
1185 of 1711

PROJECT MAP

VICINITY MAP
Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 3

Menifee Mayor and City Council
February 21, 2024
Page
1186 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 4

Menifee Mayor and City Council
February 21, 2024
Page
1187 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 5

Menifee Mayor and City Council
February 21, 2024
Page
1188 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 6

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February 21, 2024
Page
1189 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 7

Menifee Mayor and City Council
February 21, 2024
Page
1190 of 1711

IN WITNESS WHEREOF, Developer has affixed his name, address and seal.

Dated: ll·;)r •;)d)."3., 2023
Dated: ___,_/�/ d�L{?..,_____, 202/ 1 "'v

CITY OF MENIFEE
By ___________ _
Armando G. Villa, City Manager
ATTEST:

By ___________ _
Sarah Manwaring, City Clerk
By: Boulders Menifee LLC
{tWJ>. �
rJ1q "411,u--?,?( dne jr

CITY OF MENIFEE
By�!
Nicolas Fidler, Public Wor'l<iDirector I
City Engineer
APPROVED AS TO FORM:

By:----------
Jeffrey T Melching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 8

Menifee Mayor and City Council
February 21, 2024
Page
1191 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 9

Menifee Mayor and City Council
February 21, 2024
Page
1192 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 10

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February 21, 2024
Page
1193 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 11

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February 21, 2024
Page
1194 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 12

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February 21, 2024
Page
1195 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 13

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February 21, 2024
Page
1196 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 14

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February 21, 2024
Page
1197 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 15

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February 21, 2024
Page
1198 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 16

Menifee Mayor and City Council
February 21, 2024
Page
1199 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 17

Menifee Mayor and City Council
February 21, 2024
Page
1200 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 18

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February 21, 2024
Page
1201 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 19

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February 21, 2024
Page
1202 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 20

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February 21, 2024
Page
1203 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 21

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February 21, 2024
Page
1204 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 22

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February 21, 2024
Page
1205 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 23

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February 21, 2024
Page
1206 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 24

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February 21, 2024
Page
1207 of 1711

Item Title: 10.13
Agreement and Bond for Plot Plan 2020-0167, Boulders Mixed Use, by Boulders Menifee LLC Item Page Number: 25

Menifee Mayor and City Council
February 21, 2024
Page
1208 of 1711

CITY OF MENIFEE
SUBJECT: Agreements and Bonds for Elementary School No. 15, by Menifee Union School District
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Public Improvement Agreements to guarantee the completion of required public improvements associated with Elementary School Number 15 (the Salley Buselt Elementary School) by Menifee Union School District.

DISCUSSION
Menifee Union School District (MUSD) is constructing street, drainage, water, recycled water and sewer system improvements to their property frontage adjacent to Elementary School No. 15 (“Project”). The new school is currently under construction and the public improvements are required to provide access to the site. The Project is located on the north side of Wickerd Road, west of Briggs Road as shown on the attached project map.

MUSD has requested the approval of Public Improvement Agreements (“PIAs”) as required by the City’s Municipal Code. The PIAs require that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.

These public offsite improvements were originally bonded in conjunction with the construction of the school by the construction management company, C.W. Driver, LLC, a California Limited Liability Company (C.W. Driver). Because securities for the offsite public improvements are included within established securities, the City, MUSD, and C.W. Driver had previously executed the attached Dual Obligee Rider to add the City of Menifee as an additional obligee to the securities.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 1

Menifee Mayor and City Council
February 21, 2024
Page
1209 of 1711

City of Menifee Staff Report
Elementary School No. 15 Improvements
February 21, 2024

Page 2 of 2 ends

2 0
0 5
Staff has reviewed the Developer’s request and determined that the PIAs meet the requirements of the City’s Municipal Code. A summary of the security amounts established to guarantee the public improvements portion of the Project are shown in Table 1 below.

Table 1- Public Improvement Security
Improvement Security Faithful
Performance
Labor & Materials
Streets / Drainage Dual Obligee Rider $ 821,000 $ 410,500 Water System Dual Obligee Rider $ 271,500 $ 135,750
Recycled Water
System
Dual Obligee Rider $ 33,500 $ 16,750
Sewer System Dual Obligee Rider $ 6,000 $ 3,000 Total $ 1,132,000 $ 566,000

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Recycled Water System

5. Agreement – Sewer System

6. Bond – Dual Obligee Rider
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 2

Menifee Mayor and City Council
February 21, 2024
Page
1210 of 1711

PROJECT MAP
Menifee Union School District
Elementary School No. 15
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 3

Menifee Mayor and City Council
February 21, 2024
Page
1211 of 1711

AGREEMENT

FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IP22-063 Menifee Elementary School #15
This Agreement for Construction of Street and Drainage Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Menifee Union School District. hereinafter called Developer.

WITNESS ETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Elementary School #15 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all street and drainage improvements in accordance with those Street and Drainage Improvement Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Eight Hundred Twenty One Thousand and no/100 Dollars, $821.000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the street and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 4

Menifee Mayor and City Council
February 21, 2024
Page
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injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Costs. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty-eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 5

Menifee Mayor and City Council
February 21, 2024
Page
1213 of 1711

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVII of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as· to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: In any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 6

Menifee Mayor and City Council
February 21, 2024
Page
1214 of 1711

for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Developer
Menifee Union School District
29775 Haun Road
Menifee, CA 92586
TWENTIETH: City's failure to insist upon strict compliance with any prov1s1on of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 7

Menifee Mayor and City Council
February 21, 2024
Page
1215 of 1711

IN WITNESS WHEREOF, Developer has affixed his name, address and seal.

Dated: April 281 2023
Dated: __________________ , 2024
Menifee Union School District
By:��
JimSefiers, Director of Facilities

CITY OF MENIFEE
APPROVED AS TO FORM:

By: ___________________________________
Jeffrey T. Melching, City Attorney

CITY OF MENIFEE
By:________________________________
Armando G. Villa, City Manager
ATTEST:

By: ______________________________
Sarah Manwaring, City Clerk
By: _____________________________
Alberto Paiva, City Engineer
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 8

Menifee Mayor and City Council
February 21, 2024
Page
1216 of 1711

AGREEMENT

FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
IP22-063 Menifee Elementary School #15
This Agreement for Construction of Water System Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Menifee Union School District hereinafter called Developer.

WITNESS ETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Elementary School #15 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fully-thirty six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer and accepted by the above named agency into its sewer system. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Two Hundred Seventy One Thousand Five Hundred and no/100, Dollars, $271,500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the water distribution system improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 9

Menifee Mayor and City Council
February 21, 2024
Page
1217 of 1711

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 10

Menifee Mayor and City Council
February 21, 2024
Page
1218 of 1711

Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 11

Menifee Mayor and City Council
February 21, 2024
Page
1219 of 1711

the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City
City of Menifee
29844 Haun Road
Menifee, CA 92586
Developer
Menifee Union School District
29775 Haun Road
Menifee, CA 92586
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 12

Menifee Mayor and City Council
February 21, 2024
Page
1220 of 1711

IN WITNESS WHEREOF, Developer has affixed his name, address, and seal.

Dated: April 28, 2023
Dated: ______________________, 2024
Menifee Union School District
By:��
Ji Sellers, Director of Facilities

CITY OF MENIFEE
By:______________________________
Alberto Paiva, City Engineer
APPROVED AS TO FORM:

By:______________________________
Jeffrey T. Melching, City Attorney

CITY OF MENIFEE
By: _______________________________
ATTEST:

By: _______________________________
Sarah Manwaring, City Clerk
Armando G. Villa, City Manager
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 13

Menifee Mayor and City Council
February 21, 2024
Page
1221 of 1711

AGREEMENT

FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS IP22-063 Menifee Elementary School #15
This Agreement for Construction of Recycle Water System Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Menifee Union School District, hereinafter called Developer.

WITNESS ETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Elementary School #15, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fully-thirty six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may b� provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer and accepted by the above named agency into its water system. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Thirty Three Thousand Five Hundred and no/100, Dollars, $ 33,500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the water distribution system improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 14

Menifee Mayor and City Council
February 21, 2024
Page
1222 of 1711

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

SIXTH: Developer, its agents and employ ees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 15

Menifee Mayor and City Council
February 21, 2024
Page
1223 of 1711

and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 16

Menifee Mayor and City Council
February 21, 2024
Page
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the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Developer
Menifee Union School District
29755 Haun Road
Menifee, CA 92586
lWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
lWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 17

Menifee Mayor and City Council
February 21, 2024
Page
1225 of 1711

IN WITNESS WHEREOF, Developer has affixed his name, address and seal.

Dated: April 28, 2023 By: Menifee Union School District Dated: , 2024 --------

CITY OF MENIFEE
By:____________________________
Armando G. Villa, City Manager
ATTEST:

By:___________________________
Sarah Manwaring, City Clerk
Jim Sellers

CITY OF MENIFEE
By: _____________________________
Alberto Paiva, City Engineer
APPROVED AS TO FORM:

By: ____________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 18

Menifee Mayor and City Council
February 21, 2024
Page
1226 of 1711

AGREEMENT

FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
IP22-063 Menifee Elementary School #15
This Agreement for Construction of Sewer System Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Menifee Union School District, hereinafter called Developer.

WITNESS ETH:

To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be in accordance with those plans and specifications which have been approved by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer and accepted by the above named agency into its sewer system. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Six Thousand and no/100 dollars, $ 6,000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the sanitary sewer distribution system improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 19

Menifee Mayor and City Council
February 21, 2024
Page
1227 of 1711

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 20

Menifee Mayor and City Council
February 21, 2024
Page
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ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 21

Menifee Mayor and City Council
February 21, 2024
Page
1229 of 1711

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an .authorization for any party to assign any right or obligation.

Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 22

Menifee Mayor and City Council
February 21, 2024
Page
1230 of 1711

IN WITNESS WHEREOF, Developer has affixed his name, address, and seal.

Dated: April 28, 2023
Dated: _________________________, 2024

CITY OF MENIFEE
By: ___________________________________
Armando G. Villa, City Manager
ATTEST:

By: _________________________________ _
Sarah Manwaring, City Clerk
Menifee Union School District
By:��
J mSellers, Director of Facilities

CITY OF MENIFEE
By:_______________________________
Alberto Paiva, City Engineer
APPROVED AS TO FORM:

By:__________________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreements and Bonds for Elementary School No. 15, by Menifee Union School District Item Page Number: 23

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February 21, 2024
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Item Title: 10.14
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 34406-3, Hampton at Heritage Lake, by Lennar Homes of California, Inc.

MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, and sewer systems for Tract Map 34406-3, Hampton at Heritage Lake, located north of McCall Boulevard and west of Aqua Drive; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
Lennar Homes of California, Inc. (formerly CalAltantic Group, Inc.) is the developer of Heritage Lake Tract 34406-3, a subdivision of 36.11 gross acres into 187 lots for residential purposes. The tract is located on the north side of McCall Boulevard and west of Aqua Drive, as depicted in the attached project map. As part of the development requirements, Lennar Homes of California, Inc. (“Developer”) has constructed streets, drainage, water, and sewer system improvements.

The Developer has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to reduce the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted improvement securities are listed in Table 1 on the following page.

Item Title: 10.15
Acceptance of Public Improvements and 90% Release of Security for Tract Map 34406-3, Hampton at Heritage Lake, by Lennar Homes of California, Inc.

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Table 1 - Original Posted Security and Surety Rider Improvement Bonds Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 024235844 $ 2,455,500 $ 1,227,750
Water System 024235844 $ 417,500 $ 208,750
Sewer System 024235844 $ 693,000 $ 346,500
Total $ 3,566,000 $ 1,783,000

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Years 2023/2024 and 2024/2025 operating budgets in Community Facilities District (CFD) 2015-2, Annex 11, Zone 12.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond
Item Title: 10.15
Acceptance of Public Improvements and 90% Release of Security for Tract Map 34406-3, Hampton at Heritage Lake, by Lennar Homes of California, Inc.

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PROJECT MAP

VICINITY
MAP
Item Title: 10.15
Acceptance of Public Improvements and 90% Release of Security for Tract Map 34406-3, Hampton at Heritage Lake, by Lennar Homes of California, Inc.

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CITY OF MENIFEE
SUBJECT: Motte Business Center Appeal
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Brett Hamilton, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt a resolution denying Appeal No. PLN23-0249 and upholding the Planning Commission’s certification of an Environmental Impact Report, approval of Tentative Parcel Map No. 38432 (PLN22-0114), and Plot Plan No. PLN22-0115 for Motte Business Center Project generally located at the southwest corner of Ethanac Road and Antelope Road.

DISCUSSION
On December 13, 2023, the Planning Commission held a duly noticed public hearing and voted 4-1 (Long) to approve Tentative Parcel Map (“TPM”) No. 38432 and Plot Plan (“PP”) No. PLN22- 0115 known as Motte Business Center (“Project”), along with the related environmental analysis.

On December 22, 2023, the City received an application from the City of Perris to appeal the Planning Commission’s decision.

TPM No. 38432 (PLN22-0114) and PP No. PLN22-0115 were approved by the Planning Commission for the construction of one concrete tilt-up building totaling 1,138,638 square feet which includes 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space on an approximately 43.94 net-acre project site. The proposed building has a structural height of approximately 50 feet and includes 616 automobile parking spaces, 284 truck trailer parking spaces, and 128 dock doors. The Project would include on-site landscaping and along the entire project frontage within the Dawson Road and Antelope Road rights-of-way. The TPM proposes to combine eight parcels (Assessor Parcel Numbers (APNs): 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.

Item Title: 11.1
Motte Business Center Appeal
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Location
The Project is generally located southeast of Interstate 215/Ethanac Road interchange in the City of Menifee, County of Riverside, State of California. The Project is generally bounded by Business Park and Heavy Industrial properties, a Riverside County Flood Control channel, Southern California Edison utility corridor, and McLaughlin Road to the south; commercial, non-conforming residential uses and Ethanac Road to the north; Antelope Road to the east; and Dawson Road to the west and consists of eight parcels (APNs: 331-150-036, -037, -039, -040, -041, -042, -044, - 045).

Appeal
The City of Perris filed an appeal of the Planning Commission’s December 13, 2023 approval of TPM No. 38432 (PLN22-0114) and PP No. PLN22-0115, claiming that there are deficiencies in the Final Environmental Impact Report (EIR), specifically under the following areas:
a. Cumulative Impacts
b. Transportation Impacts
c. Air Quality Impacts
d. Alternatives Analysis
In response to the City of Perris appeal letter, staff, in conjunction with our California Environmental Quality Act (CEQA) consultant, have prepared responses. A summary of the responses (in italics) is provided below with more detailed responses included in the attached Perris Appeal Comments and Responses. In addition, a supplemental traffic analysis was performed by Kimley-Horn and the summary of those results is included as part of the detailed responses in the attached Perris Appeal Comments and Responses. The supplemental analysis Item Title: 11.1
Motte Business Center Appeal
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did not identify any new significant environmental impacts, a substantial increase in severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts. As such, the Draft EIR is in full compliance with CEQA and recirculation is not warranted.

1. Cumulative Impacts.
a. The City of Perris Notice of Preparation (NOP) comment letter requested that the Traffic Study and EIR analyze impacts of all projects within a 1.5-mile radius of the proposed Project site.

Both the Traffic Study and EIR analyzed the cumulative impacts of all known projects within a 1.5-mile radius as requested by the City of Perris. As such, the City of Menifee fully complied with the City of Perris’s requests stated in their NOP comment letter.
b. The City of Perris states that not receiving comments on the cumulative projects within Perris does not relieve the City of Menifee or the Project from any obligations arising from CEQA.

The Traffic Study analyzed, mitigated, and disclosed all environmental impacts associated with the Project itself, as well as all cumulative projects identified in the Traffic Study pursuant to the CEQA Guidelines. Both project related and cumulative project impacts were fully disclosed throughout the Draft EIR.

Therefore, the City of Menifee fully met the requirements of CEQA and City of Menifee standards with respect to both the Draft EIR and the Project Traffic Study.

2. Transportation Impacts.
a. The City of Perris mentions that a Traffic Impact Analysis (TIA) prepared by RK Engineering was referenced in previous comment letters to the City of Menifee.

They assert that the RK Engineering TIA demonstrates adverse environmental impacts caused by increased truck traffic along Ethanac Road.

The Project Traffic Study was prepared by Kimely-Horn who is contracted with the City of Menifee. We have no record of receiving a separate TIA prepared by RK Engineering.
b. The City of Perris acknowledges that automobile delay is no longer considered an environmental impact for purposes of CEQA. However, they state that the City of Menifee did not adequately analyze, and provide conclusions supported with substantial evidence, the Project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation.

The Draft EIR prepared for the Project fully disclosed all impacts associated with the Project itself, in addition to cumulative impacts. All air quality impacts (both Project-specific and cumulatively) were fully analyzed and disclosed in Chapter 4.2 Item Title: 11.1
Motte Business Center Appeal
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of the Draft EIR. As identified in Chapter 4.2, no significant and unavoidable impacts would occur with mitigation. Similarly, all noise impacts (both Project- specific and cumulatively) were fully analyzed and disclosed in Chapter 4.11 of the Draft EIR. As identified in Chapter 4.11, no significant and unavoidable impacts would occur with mitigation. The Draft EIR also fully analyzed safety related impacts in Chapter 4.8 of the Draft EIR. The Traffic Study prepared for the Project is adequate and contains substantial evidence to conclude there are no Level of Service (LOS) effects with the addition of recommended improvements, and fully adheres to CEQA. The recommended required improvements noted in the Project Traffic Study would improve safety conditions in the study area, including the City of Perris study intersections. The recommended improvements include the addition of turn lanes, traffic signalization, and the widening of Ethanac Road, which would reduce queue lengths and provide adequate sight distance along Ethanac Road and adjacent intersections.
c. The City of Perris states that the traffic study should have used their significance criteria thresholds to evaluate level of service impacts at City of Perris intersections, based on their most current standards. Further, they claim that the traffic analysis is flawed, not credible and therefore does not constitute substantial evidence.

The Project Traffic Study included an analysis of both City of Menifee intersections as well as intersections within the City of Perris. Because the Project is located within the City of Menifee, standards developed by the City of Menifee were utilized to analyze impacts. This is common practice in CEQA documents throughout California so that all roadway segments and intersection improvements are analyzed similarly and against the same baseline. Utilizing this methodology does not invalidate the Traffic Study nor does it make the traffic analysis flawed. The existing Traffic Study prepared for the Project was prepared by credible technical experts using standards recognized in the industry and was provided as part of the CEQA process as substantial evidence that the Project would not create LOS effects with the addition of recommended improvement as noted in the Project Traffic Study.

Based on review and comparison of the City of Perris significance criteria and applicable intersections located within or adjacent to the City of Perris, the recommended improvements noted in the Project Traffic Study would cause the intersections to operate at an acceptable LOS. The improvements would more than offset the project-related additional delay, and would address the City of Perris significance criteria. As such, the conclusions of the LOS analysis using both City of Perris standards and City of Menifee standards would result in similar Item Title: 11.1
Motte Business Center Appeal
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conclusions, although the methodology is somewhat different. Recommended improvements would remain the same using either methodology. d. The City of Perris recommended that the traffic study utilize the 11 th Edition ITE Trip Generation Manual and South Coast Air Quality Management District (SCAQMD) editions when analyzing passenger car and truck splits for project trip generations rather than the City of Fontana Truck Trip Generation Study. In addition, they requested that updated project trip generation calculations be provided to compare the volume forecasts to determine if different results may occur.

The Project Traffic Study utilizes The City of Fontana Truck Trip Generation Study, which is not considered outdated in the industry and is widely accepted and used by many cities in the Inland Empire, including as noted in the City of Menifee LOS Traffic Study Guidelines (October 2020), as a method for obtaining truck trips and truck splits. The truck mix in the Fontana Truck Trip Generation Study is comparable to the SCAQMD truck mix recommendations. Also, as noted in the Project Traffic Study, the passenger car/truck splits are based on the ITE Trip Generation Manual (10 th Edition Supplement), which is comparable to the passenger car/truck splits in the ITE Trip Generation Manual (11 th Edition), as requested by the City of Perris. Nevertheless, in order to address this comment, as suggested by the City of Perris, the passenger car/truck split and truck mix for the proposed project have been reviewed based on the ITE Trip Generation Manual (11th Edition) for the passenger car/truck splits and the SCAQMD Warehouse Truck Trip Study Data Results and Usage (dated July 17, 2014) for the truck mix. A copy of the resulting trip generation estimates is provided in the full response to comments (Attachment No. 4). Based on the supplemental traffic analysis, the recommended improvements outlined in the Project Traffic Study would remain the same, and the study intersections would operate at an acceptable Level of Service. The use of ITE 11th Edition passenger car/truck splits and SCAQMD truck mix percentages would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures.
e. The City of Perris states that even though they did not respond with comments on the scoping agreement, the City of Menifee did not follow up.

The Traffic Scoping Agreement for the proposed Project was sent to the City of Perris for review and input on January 13, 2023 via email. City of Perris Planning Manager Patricia Brenes acknowledged receipt of the Traffic Scoping Agreement on January 13, 2023 via email but did not provide any comments. Because no comments were provided by the City of Perris, the City of Menifee elected to proceed with the Traffic Study for the Project based on the assumptions in the Item Title: 11.1
Motte Business Center Appeal
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Traffic Scoping Agreement. The City of Perris asserts that the City of Menifee should have followed up with the City of Perris to confirm that they did not have any comments on the Traffic Scoping Agreement. Similar to the City of Perris, City of Menifee staff coordinates with multiple agencies on a daily basis, and as such, once the initial request for comments on the Traffic Scoping Agreement was sent, the City of Menifee expects that the City of Perris would provide any comments they may have. Nevertheless, the City of Perris’ comment does not raise any substantial evidence of any new or more severe environmental impacts. f. The City of Perris claims that the Project directly impacts the intersection of Encanto Drive at Ethanac Road (#7) and the intersection of Sherman Road at Ethanac Road (#9), and therefore should be 100% responsible for all necessary improvements to mitigate impacts. In addition, they comment that the Project Traffic Study’s use of overall intersection delay for an unsignalized intersection is not appropriate and is against traffic engineering practices. Lastly, the City of Perris asserts that the impacts caused by the Project at the above-mentioned intersections create potentially significant traffic safety issues that would require mitigation.

Based on the Project Traffic Study and the City of Menifee significance criteria, the Project-related effect at the above cited intersections would be considered a cumulative effect. The reported delay value (the value noted on the LOS Summary tables in the Traffic Study) for unsignalized intersections is based on the single approach movement with the highest delay, which in this case would be the northbound left-turn movement for both intersections #7 and #9 as the northbound left-turning vehicles have to wait for an acceptable gap in traffic on Ethanac Road.

Reference to the overall intersection delay was to note that while the side street approaches operate at a deficient LOS based on the highest delay approach, the overall intersection delay would be acceptable. Any queuing that occurs on the side streets are contained on the minor intersection approaches and do not impact the progression of traffic on the main arterials. The proposed project would not create significant traffic safety impacts and the recommended improvements in the Project Traffic Study would help improve traffic safety. g. The City of Perris is unclear on what improvements are needed at certain intersections, who would be responsible for the improvements, fair share cost percentages, and the need for additional detail on funding mechanisms to make the required intersection improvements. In addition, the Project Traffic Study must show how the improvements will improve delays.

Table 11 “Summary of Intersection Operation – Recommended Improvements” of the Project Traffic Study outlines recommended improvements and cites how those improvements would improve delay. The recommended improvements noted in the MBC Traffic Study at deficient study intersections and roadway segments would cause the study locations to operate at an acceptable LOS, would Item Title: 11.1
Motte Business Center Appeal
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more than offset the project-related effect, and would address the City of Perris significance criteria. The Project Traffic Study identifies two intersections partially located in the City of Perris that have fair share contributions. These intersections are Trumble Road at Ethanac Road (7.4%) as well as Sherman Road at Ethanac Road (10.8%). There are also portions of Ethanac Road within the City of Perris that would require widening. Roadway improvements and fair share contributions would need to be completed and paid for prior to the issuance of a certificate of occupancy. For additional information, see the response to comment 2f. h.The City of Perris states that the EIR fails to disclose significant environmental impacts for reasons set forth in their previous comments.

The Draft EIR prepared for the proposed Project fully discloses to the public and decision makers all environmental impacts, as required by CEQA. The Draft EIR provides mitigation measures and alternatives that avoid and/or reduce impacts, as noted throughout the Draft EIR. As previously discussed, the Traffic Study, attached to the Draft EIR as Appendix K, fully discloses all impacts of the Project and recommended improvements needed for both Vehicle Miles Travelled and LOS. Based on the City of Perris’s concerns, as noted above, additional LOS analysis was conducted using City of Perris standards. With proposed project trip generation estimated based on the SCAQMD methodology and the recommended improvements noted in the Project Traffic Study, the study intersections within or adjacent to the City of Perris would operate at an acceptable LOS. Therefore, the recommended improvements would remain the same.

As noted earlier, automobile delay is no longer considered an environmental impact. With regards to traffic safety impacts, the proposed project would not create significant traffic safety impacts and the recommended improvements in the MBC Traffic Study would help improve traffic safety, as noted in Response to Comment 2b.

The Traffic Study prepared for the Project fully meets the requirements of CEQA and the City guidelines for traffic studies. The Traffic Study does not need to be revised based on the aforementioned information. The City of Perris’s comments have been fully addressed. As previously stated, even utilizing the City of Perris’s LOS methodology, the improvements needed to both Perris facilities and Menifee facilities would remain the same. As such, the Traffic Study included as Appendix K to the Draft EIR is fully sufficient as a disclosure document.

3. Air Quality Impacts.
a. The City of Perris states that the City of Menifee responses to the SCAQMD letter were insufficient.

Item Title: 11.1
Motte Business Center Appeal
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The comment incorrectly states that the SCAQMD found numerous deficiencies in the Draft EIR’s air quality analysis. The SCAQMD incorrectly identified a discrepancy between the truck trips reported on page 19 of the Air Quality Assessment. As described in the Final EIR, Air Quality assessment page 19 correctly notes that 526 truck trips were modeled, which is consistent with the number of truck trips modeled and shown in the CalEEMod outputs. The Draft EIR and supporting Air Quality Assessment do not use 562 trips, as suggested by the SCAQMD comment. The Final EIR responses explained that a conservative truck percentage and trip generation rate was used so that emissions would not be underestimated. Additionally, implementation of the SCAQMD suggested mitigation measures were not required because the Draft EIR did not identify an impact nexus to the mitigation.

As discussed in the Draft EIR and the Final EIR, different trip generation rates were intentionally selected for the Air Quality Assessment and the Traffic Study to conservatively capture a worst-case scenario for each study. Truck emissions are a greater contributor to air quality emissions than passenger cars. Therefore, the Air Quality Assessment used a trip generation with a higher number of daily truck trips, while the Traffic Study used a trip generation with a higher number of total daily vehicles.

As described above, the use of the suggested trip generation and SCAQMD truck trips would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures.

4. Alternatives Analysis.
a. The City of Perris states that in addition to the required “No Project” alternative, the EIR contains only two other alternatives which is insufficient since the City of Menifee fails to consider alternatives that would avoid or substantially less significant impacts of the project.

The alternatives analyzed in the Draft EIR were chosen to avoid and/or reduce the proposed Project’s impacts. Both Alternative 2 and Alternative 3 reduce many impacts when compared to the Project (refer to Table 6-3 in Chapter 6, Alternatives, of the EIR). Neither the Public Resources Code nor the State CEQA Guidelines require a specific number of alternatives to be evaluated, rather only those alternatives necessary to foster informed decision-making. As defined in CEQA Guidelines Section 15126.6(f), the rule of reason limits alternatives analyzed to those that would avoid or substantially lessen one or more of the significant effects of a project. Of those alternatives, an EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. As such, the alternatives analysis contained within the Draft EIR fully comply with CEQA.

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Environmental Determination
The Planning Commission adopted Resolution No. PC23-611 which was prepared for the Project (State Clearinghouse No. 2022120083), and mitigations measures were provided under the categories of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas (GHG) Emissions, Hazards and Hazardous Materials, and Hydrology and Water Quality. The EIR determined the Project could result in significant and unavoidable impacts under the category of GHG Emissions based on the analysis and findings in the Draft EIR and required adoption of a Statement of Overriding Considerations. Following the Project’s approval, a Notice of Determination (NOD) was filed with the Riverside County Clerk’s Office on December 14, 2023.

The EIR, as well as all its technical appendices, can be accessed for review on the City website:
https://www.cityofmenifee.us/325/Environmental-Notices-Documents.

Public Notice
Public notices were distributed on February 11, 2024, for the February 21, 2024, City Council hearing. A public notice was published in The Press Enterprise and notices were mailed to property owners and non-owner residents within 400 feet of the Project site. The proper public notice was posted on-site, and in addition, all relevant agencies and those requesting notification were notified of the public hearing.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Resolution

2. City of Perris Appeal Letter

3. Perris Appeal Comments and Responses

4. December 13, 2023, Planning Commission Staff Report Package

5. Public Hearing Notice
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RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING THE APPEAL (PLN23-0249) OF TENTATIVE PARCEL MAP NO. 38432 (PLN22-0114) AND MAJOR PLOT PLAN NO. (PLN22-0115) FOR MOTTE BUSINESS CENTER.

WHEREAS, on May 6, 2022, the applicant, Core5 Industrial Partners, LLC (Applicant), filed a formal application with the City of Menifee (City) for the approval of Tentative Parcel Map (TPM) No. 38432 (PLN22-0114) to combine eight parcels (APNs 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres, and Plot Plan (PP) No. PLN22-0115 for the construction of one concrete tilt- up building totaling 1,138,638 square feet including 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space, a structural height of approximately 50 feet, 616 automobile parking spaces, 284 truck trailer parking spaces, 128 dock doors, site lighting, and landscaping (Project). The Project site is generally located east of Dawson Road, west of Antelope Road, south of Ethanac Road, and north of McLaughlin Road; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) has been prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, on December 13, 2023, at a legally noticed public hearing, the Planning Commission voted 4-1 to approve TPM No. 38432 and PP No. PLN22-0115 for Motte Business Center; and
WHEREAS, on December 22, 2023, an application to appeal Planning Commission approval of TPM No. 38432 and PP No. PLN22-0115 0290 was submitted by the City of Perris; and
WHEREAS, on February 21, 2024, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s approval of TPM No. 38432 and PP No. PLN22-0115 and Resolution No. PC 23-611 and Resolution No. PC 23-612, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners and non-owner residents within 400 feet of the project boundaries, on-site posting at the project site, and to relevant agencies and persons requesting public notice.

NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:

1. That the City Council finds that the facts presented within the public record and within the Resolution provide the basis to deny the appeal (PLN23-0249) and uphold the Planning Commission approval of TPM No. 38432 and PP No.

PLN22-0115 and Planning Commission Resolution No. PC 23-611 and PC 23- 612.

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City Council Resolution
Appeal of Motte Business Center
February 21, 2024

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2. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code section 21081.6.

PASSED, APPROVED AND ADOPTED this 21st day of February 2024. ___________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 11.1
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2/1/2024 Page 1
City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses
Comment Response
City of Perris Review Comments

1. Insufficient Analysis of Cumulative Impacts:
a. The Project needs to address the cumulative impacts of all projects within a 1.5-mile radius of the proposed site to analyze, mitigate, and disclose all environmental impacts from the Project pursuant to the California Environmental Quality Act (“CEQA”).
b. Traffic Study: Perris’ November 13 letter commented that the Project’s traffic consultant failed to contact the City of Perris to confirm which cumulative projects within Perris should be included in the Traffic Study. Menifee Response F9 stated that Perris failed to provide comments in its initial January 13 letter with regard to the cumulative projects w i t h i n t h e C i t y o f P e r r i s t o b e i n c l u d e d a s p a r t o f t h e P r o j e c t ’ s T r a f f i c Study; ho wever, th is does not reli ev e Meni fee or the Pr oject from any obligations arising from CEQA.

1. a. The cumulative projects included in the Project Traffic Study included all projects known to the City of Menifee at the time the Traffic Scoping Agreem ent and the EIR’s Notice of Prep aration were prepar ed. The Traffi c Study analyzed, mitigated, and disclosed all environmental impacts associated with the Project itself, as well as all cumulative projects identified in the Traffic Study pursuant to the CEQA Guidelines. Both project related and cumulative project impacts were fully disclosed throughout the Draft EIR. Refer to Chapters 4.1 through 4.15 of the Draft EIR. Chapters 4.1 through 4.15 of the D r af t E IR f u l l y an al y z e cu m u l at i v e i m p a ct s i n a s ep ar at e s u b - s ect i o n o f t h e analysis.
b. The City of Menifee adhered to the City of Perris’s request to analyze all projects known to the City of Menifee at the time the Traffic Scoping Agreement was prepared at the requested radius of 1.5 miles. The City of Menifee fully met the requirements of CEQA and City of Menifee standards with respect to both the Draft EIR and the Project Traffic Study by fully analyzing and disclosing all project related impacts as well as all cumulative impacts associated with development of the Project based on the cumulative projects list prepared as part of the Traffic Study.

The Traffic Scoping Agreement, including a list of Cumulative Projects (including development projects within the City of Perris) as noted on Table 6 of the Traffic Study for the Project, was sent to the City of Perris for review on January 13, 2023. The City of Perris did not provide comments on the Traffic Scoping Agreement. It should be noted that the City of Perris provided a NOP Comment Letter (dated January 13, 2023), which includes comments regarding transportation, but did not provide comments with regards to Item Title: 11.1
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City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses
specific Cumulative Projects within the City of Perris to be included as part of the Traffic Study.

The City of Perris NOP Comment letter requested that the Traffic Study and EIR analyze imp acts of all projects with in a 1.5-m ile r ad ius of th e proposed Project site. Both the Traffic Study and EIR analyzed the cumulative impacts of all known projects with this 1.5-mile radius. As such, the City of Menifee fully complied with the City of Perris’s requests stated in their NOP comment letter.

2. Insufficient Analysis of Transportation Impacts:
a. Perris raised multiple concerns in its November 13 letter regarding the insufficiency of the EIR’s Traffic Study as the Project analyzes multiple intersections within the City of Perris. Further, a Traffic Impact Analysis p r e p a r e d b y R K E n g i n e e r i n g , t h a t i s r e f e r e n c e d i n P e r r i s ’ p r e v i o u s comment letters, demonstrates adverse environmental impacts caused by increased truck traffic along Ethanac Road that are not properly reflected in the Project Traffic Study.

2. a. No Traffic Impact Analysis prepared by RK Engineering demonstrating impacts caused by truck traffic along Ethanac Road was provided to the City of Menifee in the previous comment letters. The Traffic Study and EIR disclose the Project’s truck traffic impacts along Ethanac Road. As such, no additional response can be provided.

Additionally, the Project Traffic Study fully analyzed all impacted intersections within both the City of Menifee and City of Perris. The only intersections located entirely or a majority within the City of Perris are the following:
· Encanto Drive at Ethanac Road (City of Perris)
· Trumble Road at Ethanac Road (City of Perris)
The Traffic Study fully analyzed all impacted intersections, including those located within or partially within the City of Perris.

U n d e r C E Q A G u i d e l i n e s s e c t i o n 1 5 0 6 4 . 3 , a u t o m o b i l e d e l a y n o l o n g e r i s considered an environmental impact. The Project’s land use impacts are based in part upon determining compliance with the City’s General Plan. The Project Item Title: 11.1
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City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses
b. Level of Service Standards and Measure of Significance: Perris understands that pursuant to Public Resources Code (“PRC”), section 21099(b)(2), automotive delay as measured by various factors including level of service, is no longer considered an environmental i m p a c t f o r p u r p o s e s o f C E Q A . H o w e v e r , P R C , s e c t i o n 2 1 0 9 9 ( c ) s t a t e s this fact does not relieve a public agency of the requirement to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety or any other impact associated with transportation.

Level of Service remains a useful tool in determining whether automobile and truck trips generated by a project results in reasonable foreseeable direct or cumulatively significant traffic safety impacts. The E I R c o n c l u d e s t h e p r o j e c t w i l l n o t r e s u l t i n a n y s i g n i f i c a n t transportation impacts, without mitigation. For the reasons below, P e r r i s d o e s n o t b e l i e v e t h o s e c o n c l u s i o n s a r e s u p p o r t e d w i t h a n adequate Traffic Impact Study, and therefore are not supported with substantial evidence.

Applicant is proposing to improve roadways along the Project’s frontage per the City of Menifee General Plan. The Project Applicant will also improve Ethanac Road from I-215 to Dawson Road to increase the roadway’s vehicle capacity to accommodate the Project and other nearby cumulative project traffic as forecasted in the Project Traffic Study. All roadway improvements associated with the proposed Project would be consistent with the City of Menifee General Plan Circulation Element. The Project improvements per the Draft EIR to portions of intersections or roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.
b. The Draft EIR prepared for the Project fully disclosed all impacts associated with the Project itself, in addition to cumulative impacts. All air quality impacts (both Project-specific and cumulatively) were fully analyzed and d i s c l o s e d i n C h a p t e r 4 . 2 o f t h e D r a f t E I R . A s i d e n t i f i e d i n C h a p t e r 4 . 2 , n o significant and unavoidable impacts would occur with mitigation. Similarly, all noise impacts (both Project-specific and cumulatively) were fully analyzed and disclosed in Chapter 4.11 of the Draft EIR. As identified in Chapter 4.11, no significant and unavoidable impacts would occur with mitigation. The Draft EIR also fully analyzed safety related impacts. Refer to Chapter 4.8 of the Draft EIR.

Additionally, while Level of Service is no longer considered an environmental impact under CEQA, the Project Traffic Study included a full analysis of Level of Service effects associated with development of the proposed Project. The Level of Service analysis was included as Appendix K of the Draft EIR. This information was made publicly available during the 45-day Draft EIR review period, which began on September 29, 2023, and concluded on November 13, 2023. Therefore, the Traffic Study prepared for the Project is adequate, and Item Title: 11.1
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Motte Business Center Project
Perris Appeal Comments and Responses
contains substantial evidence to conclude there are no Level of Service effects with the addition of recommended improvements, and fully adheres to CEQA.

The City of Perris Transportation Impact Analysis Guidelines for CEQA (May 2020) notes the following regarding safety:
“A significant impact occurs if the project conflicts with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decreases the performance or safety of such facilities.” The proposed project would not conflict with City of Perris adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities.

The project applicant shall construct sidewalks along the project frontage to enhance pedestrian safety in the area.

Although the City of Perris has no additional significance thresholds concerning transportation and safety, the Riverside County Transportation Analysis Guidelines for Level of Service Vehicle Miles Traveled (December 2020) includes the following safety criteria in the “Safety and Operational Analysis” section:
“The TA (Transportation Analysis) shall examine existing roadway conditions to determine if safety and/or operational improvements are necessary due to an increase in traffic from the project or cumulative conditions.” The types of improvements to be identified may include, but are not limited to:
Need for turning lanes.
Intersections needing future sight distance studies. Parking restrictions.

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City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses

Measures to reduce cut-through traffic in adjacent residential areas and/or assessment of needed traffic calming measures.
Potential impacts to adjacent schools, parks, and/or trails. Queue lengths and deficiencies to adjacent intersections. Need for signal interconnect systems.

The recommended improvements noted in the Project Traffic Study would improve safety conditions in the study area, including the City of Perris study intersections. The recommended improvements include the addition of turn lanes, traffic signalization, and the widening of Ethanac Road, which would reduce queue lengths and provide adequate sight distance along Ethanac Road and adjacent intersections. It should be noted that the recommended improvement at the intersection of Encanto Drive at Ethanac Road would restrict left turns out of the minor street approach (Encanto Drive), which i m p r o v e s o v e r a l l s a f e t y b y r e d u c i n g t h e a m o u n t o f c o n f l i c t p o i n t s a t t h i s intersection. It should be noted that the Project itself is designed to provide adequate sight distance at the project driveways, as well as insure free-flowing and safe circulation on site, including no sharp turns for trucks.

The Caltrans Vehicle Miles Traveled-Focused Transportation Impact Study Guide (May 20, 2020) includes the following safety criteria:
“For the State Highway System and connections with the State Highway S y s t em , C al t r an s m ay r eq u es t a t ar g et ed o p er at i o n al an d s af et y an al y s i s t o a d d r e s s a s p e c i f i c g e o m e t r i c o r o p e r a t i o n a l i s s u e , p a r t i c u l a r l y i s s u e s t h a t impact multimodal access or conflicts between modes. Improvements requested by Caltrans should avoid increases in VMT and should avoid degrading or adding stressors to pedestrians, bicyclists, and transit users.” Item Title: 11.1
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Motte Business Center Project
Perris Appeal Comments and Responses

It should be noted that Caltrans responded to the Notice of Preparation (NOP) for the Project on December 7, 2022 (seeAttachment C) stating the following:
“We do not anticipate a significant amount of traffic to be generated from this s i t e t o a d v e r s e l y i m p a c t t h e n e a r e s t S H S f a c i l i t i e s . W e t h e r e f o r e h a v e n o comments to offer currently.”
The project applicant is required to construct sidewalks along the project frontage to enhance pedestrian safety in the area. The recommended improvements noted in the Project Traffic Study, would improve safety conditions in the study area, including the City of Perris study intersections.

The recommended improvements include the addition of turn lanes, traffic signalization, and the widening of Ethanac Road, which would not impact multimodal access or conflicts between modes.

The City of Menifee LOS Traffic Study Guidelines (October 2020) includes the following safety criteria in the “Safety and Operational Improvements” section and the “Special Uses” section of the guidelines:
“The TS (Traffic Study) shall examine existing roadway conditions to determine if safety and operational improvements are necessary due to an increase in traffic from the project or cumulative projects.” “In addition to the standard TS requirements, projects which are “truck intensive” (distribution centers, warehousing, etc.) may be required to submit a study addressing the truck access routes, adequacy of the existing streets to be used (in terms of geometry and structural section), safety issues relating to the truck traffic, and the impacts of the truck traffic on existing residences or businesses.”
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Motte Business Center Project
Perris Appeal Comments and Responses

c. Perris’ November 13 letter commented that as the traffic study analyzes City of Perris intersections, the City of Perris significance criteria thresholds should also be included and used to evaluate impacts at City of Perris intersections. Menifee Response F4 asserted that, based on a review of Perris’ significance criteria and applicable intersections located within the City of Perris, the Project’s recommended improvements included in the Traffic Study would cause the intersections to operate at an acceptable Level of Service (“LOS”).

H o w e v e r , P e r r i s n o t e d i n i t s D e c e m b e r 1 3 l e t t e r t h a t R e s p o n s e F 4 references outdated City of Perris LOS standards for the Proposed As noted earlier, the recommended improvements noted in the Project Traffic Study would improve safety conditions in the study area, including the City of Perris study intersections. The recommended improvements include the addition of turn lanes, traffic signalization, and the widening of Ethanac Road, which would reduce queue lengths and provide adequate sight distance along Ethanac Road and adjacent intersections. It should be noted that the recommended improvement at the intersection of Encanto Drive at Ethanac Road would restrict left turns out of the minor street approach (Encanto Drive), which improves overall safety by reducing the amount of conflict points at this intersection. It should be noted that the Project itself is designed to provide adequate sight distance at the project driveways, as well as to insure free-flowing and safe circulation on site, including no sharp turns for trucks.

Based on the aforementioned information, the Draft EIR and its technical appendices fully analyzed, disclosed, and provided mitigation for all project related impacts as well as cumulative impacts, including traffic, safety, air quality, noise, and greenhouse gas emissions impacts.
c. The Project Traffic Study included an analysis of both City of Menifee intersections as well as intersections within the City of Perris. Because the Project is located within the City of Menifee, standards developed by the City of Menifee were utilized to analyze impacts. This is common practice in CEQA documents throughout California so that all roadway segments and i n t e r s e c t i o n i m p r o v e m e n t s a r e a n a l y z e d s i m i l a r l y a n d a g a i n s t t h e s a m e baseline. Utilizing this methodology does not invalidate the Traffic Study nor does it make the traffic analysis flawed. The existing Traffic Study prepared for the Project was prepared by credible technical experts using standards recognized in the industry and was provided as part of the CEQA process as substantial evidence that the Project would not create Level of Service effects Item Title: 11.1
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Motte Business Center Project
Perris Appeal Comments and Responses
Project . The most curr ent version of Perris’ LO S standards, whi ch ar e the appropriate standards of review, could cause changes to the results o f t h e a n a l y s e s . T h e C i t y o f P e r r i s i n t e r s e c t i o n s s h o u l d b e r e v i e w e d using the most current Perris LOS standards. Because Menifee failed to utilize Perris’ current LOS standards, the traffic analysis is flawed, not credible and therefore does not constitute substantial evidence. with the addition of recommended improvement as noted in the Project Traffic Study.

Although LOS analysis is not considered a significant impact under CEQA, the following response is provided for informational and disclosure purposes and utilizes the most current Perris LOS standards. Based on theCity of Perris LOS Standards and Traffic Criteria for Traffic Studies (not dated), below are the current City of Perris LOS standards and criteria:

Level of Service Standards
The City of Perris has established the following standards regarding minimum acceptable level of service (LOS):
· LOS “D” along all City maintained roads (including intersections) a n d L O S “ D ” a l o n g I - 2 1 5 a n d S R - 7 4 ( i n c l u d i n g i n t e r s e c t i o n s w i t h local streets and roads). An exception to the local road standard is LOS “E”, at intersections of any Arterials and Expressways with SR- 74, the Ramona-Cajalco Expressway, or at I-215 freeway ramps. · LOS “E” may be allowed within the boundaries of the Downtown Specific Plan Area to the extent that it would support transit- oriented development and walkable communities. Increased congestion in this area will facilitate an increase in transit ridership and encourage development of a complementary mix of land uses within a comfortable walking distance from light rail stations.

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Perris Appeal Comments and Responses
Thresholds of a Traffic Impact
The City of Perris standards also provide that a project would be considered to have a project-related effect based on the following criteria:
· A p r o j e c t - r e l a t e d t r a f f i c e f f e c t i s c o n s i d e r e d d i r e c t w h e n a s t u d y intersection operates at an acceptable Level of Service for existing conditions (without the project) and the addition of 50 or more AM or PM peak hour project trips causes the intersection delay to increase by 2 seconds or more and causes the intersection to operate at an unacceptable Level of Service for existing plus project conditions.
· A p r o j e c t - r e l a t e d t r a f f i c e f f e c t i s c o n s i d e r e d d i r e c t w h e n a s t u d y intersection operates at an unacceptable Level of Service for existing conditions (without the project) and the addition of 50 or more AM or PM peak hour project trips causes the intersection delay to increase by 2 seconds or more.
· A cumulative effect is considered direct when a study intersection is forecast to operate at an acceptable Level of Service without the project and with th e addition of 50 or more AM or PM peak hour project trips causes the intersection delay to increase by 2 seconds or more and causes the intersection to operate at an unacceptable Level of Service.
· A cumulative effect is considered an indirect traffic effect when a study intersection is forecast to operate at an unacceptable Level of Service with the addition of cumulative/background traffic and the Item Title: 11.1
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Motte Business Center Project
Perris Appeal Comments and Responses
d. Project Trip Generation: P e r r i s ’ N o v e m b e r 1 3 c o m m e n t l e t t e r recommended that the traffic study utilize the latest ITE and SCAQMD editions when analyzing passenger car and truck splits for project trip generations, rather than the outdated City of Fontana Truck Trip Generation Study utilized by the Traffic Study. This would impact the l e v e l o f s e r v i c e a t s t u d y a r e a i n t e r s e c t i o n s , e s p e c i a l l y d u r i n g t h e A M peak hour.

Menifee Response F7 stated that difference in the Proposed Project’s trip generation may be considered nominal when analyzed under the latest ITE and SCAQMD editions, rather than the outdated City of Fontana Truck Trip Generation Study utilized by the Traffic Study. However, Perris noted in its December 13 letter that Menifee should show the project trip project contributes 50 or more AM or PM peak hour project trips and causes the intersection delay to increase by 2 seconds or more.

Based on review and comparison of the City of Perris significance criteria and applicable intersections located within or adjacent to the City of Perris, the recommended improvements noted in the Project Traffic Study at deficient study intersections and roadway segments would cause the study locations to operate at an acceptable Level of Service (LOS), would more than offset the project-related additional delay to such intersections, and would address the City of Perris significance criteria. As such, the conclusions of the LOS analysis using both City of Perris standards and City of Menifee standards would result in similar conclusions, although the methodology is somewhat different.

Recommended improvements would remain the same using both methodologies. Therefore, the Traffic Study prepared for the Project fully and adequately disclosed all improvements needed to both City of Menifee and City of Perris intersections.
d. The City of Fontana Truck Trip Generation Study is not considered outdated in the industry, and is widely accepted and used by many cities in the Inland Empire, including as noted in the City of Menifee LOS Traffic Study Guidelines (October 2020), as a method for obtaining truck trips and truck splits. The truck mix in the Fontana Truck Trip G e n e r a t i o n S t u d y i s c o m p a r a b l e t o t h e S C A Q M D t r u c k m i x recommendations. Also, as noted in the Project Traffic Study, the passenger car/truck splits are based on the ITE Trip Generation Manual (10 th Edition Supplement), which is comparable to the p as s en g er car /t r u ck s p l i t s i n t h e I T E T r i p G en er at i o n M an u al ( 1 1th Edition), as requested by the City of Perris. Nevertheless, in order to address this comment, as suggested by the City of Perris, the passenger car/truck split and truck mix for the proposed project have Item Title: 11.1
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Perris Appeal Comments and Responses
g e n e r a t i o n c a l c u l a t i o n b a s e d o n I T E 1 1 t h E d i t i o n / S C A Q M D , a n d compares these two different volume forecasts to determine if different results may occur using the more recent truck percentage information.

Because Menifee failed to utilize the most current information available, again, the traffic analysis is flawed, not credible and therefore does not constitute substantial evidence
been reviewed based on the ITE Trip Generation Manual (11 th E d i t i o n ) f o r t h e p a s s e n g e r c a r / t r u c k s p l i t s a n d t h e S C A Q M D Warehouse Truck Trip Study Data Results and Usage (dated July 17, 2014) for the truck mix (i.e. 2-axle, 3-axle, 4+axle trucks) . A copy of the noted resources is provided in Attachment A (Passenger Car/Truck Splits and Truck Mix Information) to this response matrix.

The passenger car equivalent (PCE) factors as noted in the Traffic Study were also applied to these trip generation estimates. Based on the methodology noted above, the project is estimated to generate approximately 2,466 daily PCE trips, with 209 PCE trips (169 inbound and 40 outbound) in the morning peak hour and 201 PCE trips (78 inbound and 123 outbound) in the evening peak hour. The trip generation rates, PCE factors, and the resulting trip generation estimates for the project are summarized in Attachment A.

Compared to the trip estimates in the approved Traffic Study, the trip estimates based on the SCAQMD methodology (inclusive of ITE 11 th Edition for the p ass eng er car/truck splits) is est im ated to gener ate 158 ad d i t i o n al d a i l y P C E t r i p s , wi t h 1 6 ad d i t i o n al P C E t r i p s i n t h e m o r n i n g peak hour and 3 fewer PCE trips in the evening peak hour.

A supplemental traffic analysis was conducted with the proposed project trip generation based on the SCAQMD methodology at study locations entirely or a majority within the City of Perris. A summary table of the LOS results are provided in Attachment B to this response matrix. Based on review of the tables, with proposed project trip generation estimated based on the SCAQMD methodology and the recommended improvements noted in the Project Traffic Study, the study locations entirely or a majority within the City of Perris would operate at an acceptable Level of Item Title: 11.1
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Service. Therefore, the recommended improvements would remain the same.

Additionally, the air quality emissions associated with the suggested passen ger car/tru ck split and truck mix percentag e (IT E 155 trip rates, ITE 11 th E d i t i o n p a s s e n g e r c a r / t r u c k s p l i t a n d t h e S C A Q M D t r u c k m i x p er c en t ag es ) h av e b e en m o d el ed f o r i n f o r m at i o n al p u r p o s es . T h e t a b l e below shows that air quality emissions would not exceed the SCAQMD’s thresholds with the Draft EIR mitigation applied. Therefore, the use of ITE 11th E d i t i o n p a s s e n g e r c a r / t r u c k s p l i t s a n d S C A Q M D t r u c k m i x percentages would not change the significance determinations in the Draft EIR, would not require new or modified mitigation measures, and would not trigger the need to recirculate the EIR.

SCAQMD Truck Mix Scenario– Mitigated Operational Emissions Source Maximum Pounds Per Day
ROG NOX CO SO2 PM10 PM2.5
Area Source Emissions 35.48 0.42 49.52 0.00 0.07 0.09
Energy Emissions1 0.15 2.69 2.26 0.02 0.20 0.20
Mobile – Trucks 0.34 23.28 5.23 0.19 5.93 1.84
Mobile – Passenger Cars 3.71 2.99 71.03 0.21 23.82 6.07 Off-Road – Yard Truck 2 0.00 0.00 0.00 0.00 0.00 0.00
Back-up Generators 0.90 2.51 2.29 0.00 0.13 0.13
Total Emissions 40.58 31.89 130.33 0.42 30.15 8.33
SCAQMD Threshold 55 55 550 150 150 55
Exceeds Threshold? No No No No No No
ROG = Reactive Organic Gases; NO X = N i t r o g e n O x id e s ; C O = C a r b o n M o n o x i d e ; S O2 = Sulfur Dioxide; PM10 = Particulate Matter 10 microns in diameter or less; PM 2.5 = Particulate Matter 2.5 microns in diameter or less
Notes:

1. MM GHG-8 limits Project natural gas consumption to less than 10 million kBTU/year.

2. Per MM AQ-3, operational cargo handling equipment would be zero emission.

Source: CalEEMod version 2022.1. Refer to Appendix A for model outputs.

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Motte Business Center Project
Perris Appeal Comments and Responses
The Draft EIR determined that health risk impacts would be less than significant (see Draft EIR pages 4.2-34 and 4.2-35). Additionally, the Draft EIR requires zero emission cargo handling equipment (MM AQ-3), which would further reduce health risk impacts. As described above, the trip generation suggested in the comment would result in more passenger car trips, but fewer truck trips than what was analyzed in the Draft EIR. The Draft EIR assumed 526 daily truck trips (1,947 total vehicle trips), while the methodology suggested in the comment would result in 261 daily truck trips (2,061 total vehicle trips), which is a truck trip reduction of approximately 50 percent. The reduction of daily truck trips would reduce health risk impacts from what is included in the Draft EIR. Therefore, the Draft EIR shows a worst-case health risk scenario and the conclusions in the Draft EIR would not change.

T h e D r a f t E I R d e t e r m i n e d t h a t G H G e m i s s i o n s w o u l d b e s i g n i f i c a n t a n d unavoidable despite the implementation of numerous mitigation measures. As d es cr i b ed ab o v e, t h e u s e o f I T E 1 1th Edition passenger car/truck splits and SCAQMD truck mix percentages would reduce truck trips and increase p a s s e n g e r t r i p s f r o m w h a t w a s a n a l y z e d i n t h e D r a f t E I R . B a s e d o n t h e modeling prepared for informational purposes using ITE 155 trip rates (11 th Edition) ITE 11 th Ed ition pass eng er car/tru ck splits and SCAQMD tru ck m ix percentages, mobile source GHG emissions would decrease by approximately 432 MTCO2e per year. Therefore, the Draft EIR shows a worst-case health risk scenario and additional GHG impacts would not occur and the conclusions in the Draft EIR would not change.

T h e S C A Q M D t r u c k m i x p e r c e n t a g e a s s u m p t i o n ( w i t h I T E 1 1th Edition p a s s e n g e r c a r / t r u c k s p l i t s ) w o u l d a l s o a f f e c t t r a f f i c n o i s e m o d e l i n g i n t h e Draft EIR. The Draft EIR determined that Project traffic noise impacts would be less than significant and noise levels would be below the City of Menifee’s 70 dBA Normally Acceptable noise standard (see Draft EIR pages 4.11-18 and Item Title: 11.1
Motte Business Center Appeal
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Perris Appeal Comments and Responses
e. Additionally, the City of Menifee also stated that they had submitted a scoping agreement to the City of Perris for review on January 13, 2023.

Even if Perris did not initially respond with comments on the scoping agreement, there is no evidence that Menifee followed up with Perris even once to seek Perris’ input.

4.11-19). As described above, the use of ITE 11th Edition passenger car/truck splits and SCAQMD truck mix percentages would reduce truck trips and increase passenger trips from what was analyzed in the Draft EIR. The d e c r e a s e i n t r u c k t r i p s ( d u e t o t h e u s e o f t h e I T E 1 1th Edition passenger car/truck splits and SCAQMD truck mix percentages) would offset the increase in car trips because trucks generate more noise than cars1. Therefore, the Draft EIR shows a worst-case traffic noise scenario and additional noise i m p a c t s w o u l d n o t o c c u r a n d t h e c o n c l u s i o n s i n t h e D r a f t E I R w o u l d n o t change.

As described above, the use of ITE 11th Edition passenger car/truck splits and SCAQMD truck mix percentages would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures.
e. As previously stated, the Traffic Scoping Agreement with trip generation a s s u m p t i o n s a s n o t e d i n T a b l e 3 o f t h e T r a f f i c S t u d y f o r t h e p r o p o s e d Project was sent to the City of Perris for review and input on January 13, 2 0 2 3 . P l a n n i n g M a n a g e r P a t r i c i a B r e n e s a c k n o w l e d g e d r e c e i p t o f t h e Traffic Scoping Agreement on January 13, 2023 .(see Attachment D) However, besides acknowledging receipt of the Traffic Scoping A g r e e m e n t , t h e C i t y o f P e r r i s d i d n o t p r o v i d e c o m m e n t s o n t h e T r a f f i c Scoping Agreement. Because no comments were provided by the City of Perris, the City of Menifee elected to proceed with the Traffic Study for the Project based on the assumptions in the Traffic Scoping Agreement. The City of Perris asserts that the City of Menifee should have followed up with the City of Perris to confirm that they did not have any comments on the 1 American Association of State Highway and Transportation Officials (AASHTO),Traffic Noise and Transportation, 2023. Available at:
http://environment.transportation.org/education/environmental-topics/traffic-noise/traffic-noise-overview/ Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 43

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Motte Business Center Project
Perris Appeal Comments and Responses
f. Summary of Intersection Operations: As noted in the Perris November 13 letter, the Project directly impacts intersection #7 (Encanto Drive at Ethanac Road) and intersection #9 (Sherman Road at Ethanac Road) in the City of Perris. A direct impact implies that the project shall be 100% responsible that all necessary improvements are installed to mitigate these impacts (or via some other defined improvement program) prior to project occupancy. However, Menifee Response F8 notes that both Intersections #7 and #9 were considered to have a cumulative effect, as opposed to a direct project effect. Any improvements to portions of intersections shared with the City of Perris would be coordinated between t h e C i t y o f M e n i f e e a n d C i t y o f P e r r i s p r i o r t o f i n a l e n g i n e e r i n g f o r t h e Project.

The Perris December 13 letter noted that in determining the cumulative impact of the two intersections, the Traffic Study’s use of overall intersection delay for an unsignalized intersection is not appropriate and against traffic engineering practices. Perris again asserts that the Project directly impacts the intersections, and a direct impact implies that the project shall be 100% responsible that all necessary improvements are installed to mitigate these impacts (or via some other defined improvement program) prior to project occupancy.

Traffic Scoping Agreement. Similar to the City of Perris, City of Menifee staff constantly coordinate with dozens of other agencies on a daily basis, and as such, once the initial request for comments on the Traffic Scoping Agreement was sent, the City of Menifee expects that the City of Perris would provide any comments they may have. Nevertheless, the City of P er r i s ’ co m m en t d o e s n o t r a i s e an y s u b s t an t i al ev i d en c e o f an y n ew o r more severe environmental impacts.
f. Based on the Project Traffic Study and the City of Menifee significance c r i t e r i a , t h e P r o j e c t - r e l a t e d e f f e c t a t i n t e r s e c t i o n # 7 ( E n c a n t o D r i v e a t E t h an a c R o ad ) an d i n t er s ect i o n # 9 ( S h er m an R o ad at E t h an a c R o ad ) i s considered a cumulative effect.

Based on the City of Perris significance criteria, a direct effect would occur when “a study intersection operates at an unacceptable Level of Service for existing conditions (without the project) and the addition of 50 or more AM or PM peak hour project trips causes the intersection delay to increase by 2 seconds or more.”
The reported delay value (the value noted on the LOS Summary tables in the Traffic Study) for unsignalized intersections is based on the single approach movement with the highest delay, which in this case would be the northbound left-turn movement for both intersections #7 and #9 as the northbound left- turning vehicles have to wait for an acceptable gap in traffic on Ethanac Road.

R e f e r e n c e t o t h e o v e r a l l i n t e r s e c t i o n d e l a y w a s t o n o t e t h a t w h i l e t h e s i d e street approaches operate at a deficient Level of Service based on the highest delay approach, the overall intersection delay would be acceptable. Any queuing that occurs on the side streets are contained on the minor intersection approaches and do not impact the progression of traffic on the main arterials.

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Motte Business Center Appeal
Item Page Number: 44

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Perris Appeal Comments and Responses
Furthermore, these impacts to intersections create potential traffic safety issues associated with the interface between vehicles and trucks.

As such, this should have been identified as a potentially significant traffic safety impact for which mitigation was required.

Based on the City of Perris significance criteria, the information noted above regarding delay for unsignalized intersections, and review of the analysis w o r k s h e e t s f o r i n t e r s e c t i o n s # 7 a n d # 9 u n d e r E x i s t i n g a n d E x i s t i n g P l u s Project conditions, as provided in the appendices to the Project Traffic Study, only intersection #9 (Sherman Road at Ethanac Road) would cause a direct project-related effect based on the City of Perris significance criteria as the overall intersection delay would increase by more than 2 seconds with the addition of project traffic. However, as noted previously, the single-approach movement with the highest delay that causes intersection #9 to operate at an unacceptable Level of Service under Existing Conditions is the northbound left-turn movement, which is located entirely within the City of Menifee. As such, the City of Menifee significance criteria should be applied to intersection #9. Therefore, the Project-related effect at intersection #9 is considered a cumulative effect.

Intersection #7 (Encanto Drive at Ethanac Road) would be considered a cumulative effect based on the City of Perris significance criteria as the overall intersection delay would not increase by 2 or more seconds with the addition of project traffic under Existing Plus Project conditions.

With regards to construction of recommended improvements at intersections #7 and #9 (as noted in the Project Traffic Study), the City of Menifee typically conditions a project to construct the recommended improvements noted in a traffic study. However, in the case that another development project, whether i n t h e C i t y o f M e n i f e e o r t h e C i t y o f P e r r i s , i s c o n s t r u c t e d f i r s t a n d a l s o constructs the same off-site traffic improvements noted in the original project’s traffic study, the development projects’ developers can enter into an a g r e e m e n t b a s e d o n f a i r - s h a r e t o w a r d s t h e c o n s t r u c t i o n o f t h e o f f - s i t e improvements.

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Motte Business Center Appeal
Item Page Number: 45

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Motte Business Center Project
Perris Appeal Comments and Responses
g. Summary of Intersection Operation Opening Year 2025 Cumulative Plus Project: Perris’ November 13 comment letter noted that the Traffic Study indicates that several intersections in the vicinity of the City of Perris , including inters ect ions #5, #6, #7 , #8 and #9, ar e not meeting level service standards and indicates that the project has a cumulative impact at these locations. The study further indicated what improvements are needed at those intersections and an accompanying project fair-share cost percentage. However, it is unclear how these improvements would be implemented and who would be responsible for providing the required improvements. Additional detail is needed on t h e f u n d i n g m e c h a n i s m s t h a t w i l l b e u t i l i z e d t o m a k e t h e s e r e q u i r e d improvements.

Menifee Response F10 stated that the implementation of improvements is based on direct discussion between City staff and the Applicant via the Conditions of Approval process. Further, the project is conditioned on traffic-related improvement requirements, including those related to the intersections, prior to Certificate of Occupancy. Further, the response states that any improvements to portions of intersections or roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.

However, the Perris December 13 letter re-iterated that the Project Traffic Study must show how these improvements will improve delays at the City of Perris previously identified intersections, which Menifee S e e R e s p o n s e t o C o m m e n t 2 b r e g a r d i n g e v a l u a t i o n o f s a f e t y i m p a c t s . T h e proposed project would not create significant traffic safety impacts and the recommended improvements in the Project Traffic Study would help improve traffic safety, as noted in Response to Comment 2b.
g. The Traffic Study fully analyzed impacts to all study intersections, whether they are located within the City of Menifee, City of Perris, or a combination of both. All required improvements located within the City of Menifee would be c o o r d i n a t e d a n d a p p r o v e d b y t h e C i t y o f M e n i f e e . S i m i l a r l y , a n y improvements located within the City of Perris would be coordinated and approved directly with the City of Perris staff. For those intersections in both Menifee and Perris, coordination and approval of improvements would be obtained by both agencies. The funding mechanism for the recommended improvements for intersections within the jurisdiction in the City of Perris would be fair-share payments to be coordinated with the City of Menifee and the City of Perris.

Improvements in delay with the recommended improvements at study intersections are provided in Table 11 “Summary of Intersection Operation – Recommended Improvements” of the Project Traffic Study. The recommended improvements noted in the MBC Traffic Study at deficient study intersections and roadway segments would cause the study locations to operate at an acceptable Level of Service (LOS), would more than offset the project-related effect, and would address the City of Perris significance criteria (see Response to Comment 2c.).

See Response to Comment 2f regarding improvements to intersections #7 and #9.

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Motte Business Center Appeal
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Motte Business Center Project
Perris Appeal Comments and Responses
R e s p o n s e F 1 0 d o e s n o t a d d r e s s . F u r t h e r , t h e P r o j e c t s h a l l b e 1 0 0 % responsible for all necessary improvements to mitigate the impacts at any directly impacted study intersections, such as intersections #7 and #9 as discussed in further detail above.
h. I n s u m m a r y , t h e p u r p o s e o f a n e n v i r o n m e n t a l i m p a c t r e p o r t i s t o disclose to the public and decision makers the significant environmental impacts of a Project and mitigation measures and alternatives to the project that would avoid or substantially lessen those impacts.

Unfortunately, the traffic analysis in this EIR fails as a disclosure document for the reasons set forth above. Therefore, the traffic analysis s h o u l d b e r e v i s e d i n l i g h t o f P e r r i s ’ c o m m e n t s a n d r e c i r c u l a t e d f o r public review.
h. The Draft EIR prepared for the proposed Project fully discloses to the public and decision makers all environmental impacts, as required by CEQA. The Draft EIR provides mitigation measures and alternatives that avoid and/or reduce impacts, as noted throughout the Draft EIR. As previously discussed, the Traffic Study, attached to the Draft EIR as Appendix K, fully discloses all impacts of the Project and recommended i m p r o v e m e n t s n e e d e d f o r b o t h V e h i c l e M i l e s T r a v e l l e d a n d L e v e l o f Service. Based on the City of Perris’s concerns, as noted above, additional Level of Service analysis was conducted using City of Perris standards (refer to Attachment B). Bas ed on revi ew of the t ables , with proposed project trip generation estimated based on the SCAQMD methodology and the recommended improvements noted in the Project Traffic Study, the study intersections within or adjacent to the City of Perris would operate at an acceptable Level of Service. Therefore, the recommended improvements would remain the same.

As noted earlier, automobile delay no longer is considered an e n v i r o n m e n t a l i m p a c t . A V M T S t u d y w a s p r e p a r e d f o r t h e p r o p o s e d project, which noted that the proposed project would cause a less-than- significant VMT/transportation impact. Therefore, no mitigation measures are required for the proposed project. With regards to traffic safety impacts, the proposed project would not create significant traffic safety impacts and the recommended improvements in the MBC Traffic Study would help improve traffic safety, as noted in Response to Comment 2b.

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Motte Business Center Appeal
Item Page Number: 47

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Motte Business Center Project
Perris Appeal Comments and Responses

3. Insufficient Analysis of Air Quality Impacts:
a. I n i t s c o r r e s p o n d e n t d a t e d N o v e m b e r 9 , 2 0 2 3 t h e S o u t h C o a s t A i r Quality Management District identifies numerous deficiencies in the EIR’s air quality analysis including inconsistent use of trip generation rates and vehicle fleet mix between the air quality studies and the traffic s t u d i e s . P e r r i s e c h o e s t h e s e c o n c e r n s . I n i t s r e s p o n s e s t o t h e A i r District’s comments, Menifee explains away the discrepancies claiming they were done in order to ensure a conservative “worst case” analysis The Traffic Study prepared for the Project fully meets the requirements of CEQA and the City guidelines for traffic studies. The Traffic Study does not need to be revised based on the aforementioned information. The City of Perris’s comments have been fully addressed within this Response Matrix and with the additional information provided in Attachments A through D of this document. As previously stated, even utilizing the City of Perris’s Level of Service methodology, the improvements needed to both Perris facilities and Menifee facilities would remain the same. As such, the Traffic Study included as Appendix K to the Draft EIR is fully sufficient as a disclosure document.

Pursuant to CEQA Guidelines Section 15088.5, a Lead Agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification.

None of the information provided by the City of Perris identify a new significant environmental impact, a substantial increase in the severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts but is not adopted. As such, recirculation is not warranted.

3. a. The comment incorrectly states that the SCAQMD found numerous deficiencies in the Draft EIR’s air quality analysis. The SCAQMD incorrectly identified a discrepancy between the truck trips reported on page 19 of the Air Quality Assessment. As described in the Final EIR, Air Quality assessment page 19 correctly notes that 526 truck trips were modeled, which is consistent with the number of truck trips modeled and shown in the CalEEMod outputs.

The Draft EIR and supporting Air Quality Assessment do not use 562 trips, as Item Title: 11.1
Motte Business Center Appeal
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Motte Business Center Project
Perris Appeal Comments and Responses
for both traffic and air quality impacts. However, relegating this explanation to a footnote does not engender great confidence in the rationale for utilizing different assumptions for the traffic study and air quality studies.
suggested by the SCAQMD comment. The Final EIR responses explained that a c o n s e r v a t i v e t r u c k p e r c e n t a g e a n d t r i p g e n e r a t i o n r a t e w a s u s e d s o t h a t emissions would not be underestimated. Additionally, implementation of the SCAQMD suggested mitigation measures were not required because the Draft EIR did not identify a significant impact; therefore, no mitigation is required for the Project. Furthermore, the Final EIR explains that many of the suggested mitigation measures are already required by existing regulation, including the City of Menifee building code and the City’s Good Neighbor Policies.

As discussed in the Draft EIR and the Final EIR, different trip generation rates w e r e i n t e n t i o n a l l y s e l e c t e d f o r t h e A i r Q u a l i t y A s s e s s m e n t a n d t h e T r a f f i c Study to conservatively capture a worst-case scenario for each study. Truck emi ssions ar e a gr eater contributor to air qu ality emiss i ons than passeng er cars. Therefore, the Air Quality Assessment used a trip generation with a higher number of daily truck trips, while the Traffic Study used a trip generation with a higher number of total daily vehicles.

T h e c o m m e n t e x p r e s s e s a n o p i n i o n a b o u t e x p l a i n i n g t h e d i s c r e p a n c y i n a footnote. However, the Traffic Study (Draft EIR Appendix K) clearly explains the trip generation used (see page 17 and Table 3 of the Traffic Study). The Air Quality Assessment (Draft EIR Appendix B) methodology discussion clearly explains the trip generation rate that was modeled for the project emissions analysis (see page 19 in the Air Quality Assessment). Furthermore, footnote 4 (page 19) of the Air Quality Assessment mobile source emissions methodology discussion clearly explains the trip generation difference and also explains this approach was intentionally selected to provide a conservative, worst- case, analysis. As described above, the use of the suggested trip generation and SCAQMD truck trips would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 49

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February 21, 2024
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Motte Business Center Project
Perris Appeal Comments and Responses

4. Inadequate Alternatives Analysis:
a. An EIR is required to describe a range of reasonable alternatives to the project which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant e f f e c t s o f t h e p r o j e c t . ( C E Q A G u i d e l i n e s , s e c t i o n 1 5 1 2 6 . 6 ( a ) ) T h e E I R identified significant an unavoidable impacts related Air Quality and GHG according to the discussion of Alternatives 2 and 3. However, the Table ES-1 states that all Air Quality Impacts are less than significant. Be that as it may, in addition to the required “No Project” alternative, the EIR contains only two other alternatives, Alternative 2 – the Reduced B u i l d i n g A l t e r n a t i v e ( 1 5 P e r c e n t R e d u c t i o n ) a n d A l t e r n a t i v e 3 – Building Square Footage Reduction with Additional Trailer Parking.

The analysis of Alternative 2 states that it would lessen the Air Quality a n d G H G i m p a c t s b u t n o t t o l e v e l s o f l e s s t h a n s i g n i f i c a n t . H o w e v e r , there is no discussion that this alternative “substantially lessens” either the Air Quality or the GHG significant impacts. Furthermore, the analysis then utilizes a standard different that that set forth in CEQA Guidelines, section 15126.6 regarding meeting project objectives. The standard is “feasibly attain most of the basic objectives of the project.” However, the analysis states Alternative 2 does not maximize the City’s benefits realized or achievement of the Project Objectives when compared to the proposed Project. This is not the standard for determining the adequacy of an alternative and represents procedural error.

T h e a n a l y s i s o f A l t e r n a t i v e 3 s u f f e r s f r o m t h e s a m e d e f e c t s a s t h e analysis of Alternative 2.

The EIR is required to contains alternatives that “avoid or substantially lessen” a project’s s igni fi cant imp acts . Th e E IR fails in t his regard and

4. a. The reference to significant and unavoidable air quality impacts within Chapter 6, Alternatives, w a s i n e r r o r . A s i d e n t i f i e d i n i n T a b l e E S - 1 o f t h e Executive Summary Chapter of the Draft EIR, as well as Chapter 4.7, the Project has one significant and unavoidable impact, as noted below, and does not have any significant and unavoidable air quality impacts:
i. Greenhouse Gas Emissions
a. Despite consistency with the City’s General Plan, California Air Resources Board’s 2022 Scoping Plan, and Southern
California Association of Government’s Connect SoCal,
incorporation of all feasible mitigation measures and
compliance with all applicable local, state, or federal regulations or laws, the Project’s operational mitigated mobile source emissions would continue to exceed the
SCAQMD MTCO2e threshold.

Further, while there was a minor typographical error in the alternatives chapter, this does not warrant recirculation of the DEIR pursuant to CEQA Guidelines Section 15088.5, as this error does not identify a new significant environmental impact, a substantial increase in the severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts but is not adopted. In addition, the changes do not reflect a fundamentally flawed or conclusory DEIR.

Additionally, the alternatives analyzed in the Draft EIR were chosen to avoid and/or reduce the proposed Project’s impacts. Both Alternative 2 and Alternativ e 3 reduce m any impacts wh en compar ed to the Project (refer to Table 6-3 in Chapter 6, Alternatives, of the EIR). Neither the Public Resources Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 50

Menifee Mayor and City Council
February 21, 2024
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2/1/2024 Page 22
City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses
also fails to explain why it is unable to provide such alternatives. The alternatives analysis is also defective as it fails to consider alternatives that would avoid or substantially lessen the other significant impacts of the project, without mitigation, as required by CEQA. As such, the alternatives analysis fails to comply with CEQA.

Code nor the State CEQA Guidelines require a specific number of alternatives be evaluated, rather only those alternatives necessary to foster informed decision-making. As defined in CEQA Guidelines Section 15126.6(f), the rule of reason limits alternatives analyzed to those that would avoid or substantially lessen one or more of the significant effects of a project. Of those alternatives, an EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. As such, the alternatives analysis contained within the Draft EIR fully comply with CEQA.

P u r s u a n t t o P R C 2 1 1 0 0 a n d i n a c c o r d a n c e w i t h t h e g u i d a n c e i n C E Q A Guidelines §15126.6, the City conducted an alternatives analysis that includes a range of reasonable alternatives that would feasibly attain most of the basic objectives of the Project consistent with CEQA §15124(b), while avoiding or l e s s e n i n g i m p a c t s . S e e D E I R S e c t i o n 6 f o r a d i s c u s s i o n o f a l t e r n a t i v e s considered.

Alternative 2 would likely reduce emissions impacts through a reduction in energy use in a smaller space. However, the energy usage rate of the Project site would remain similar. Even with a reduction in energy use emissions, the mobile source emissions associated with vehicular travel would not be largely reduced. Therefore, Alternative 2 would likely remain in excess of the City’s GHG emissions thresholds. This is considered a conservative determination because GHG emissions were not modeled for the alternatives analysis. CEQA Guidelines Section 15126.6(d) states that alternatives do not need to be described or analyzed at the same level of detail as the Project, and as such, modeling for the alternatives was not conducted. Therefore, the assumption t h a t A l t e r n a t i v e 2 w o u l d l i k e l y r e m a i n i n e x c e s s o f t h e C i t y ’ s t h r e s h o l d s i s conservative. The impact would be expected to remain a significant and unavoidable impact.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 51

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February 21, 2024
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City of Menifee
Motte Business Center Project
Perris Appeal Comments and Responses
Alternative 2 would meet all of the Project Objectives. However, Alternative 2 does not maximize the City’s benefits realized or achievement of the Project Objectives when compared to the proposed Project due to the reduced building square footage (200,000 SF) of interior mezzanine.

Alternative 3 would result in less intensive impacts concerning air quality, energy, greenhouse gas emissions, noise, and transportation impacts than the proposed Project due to shorter construction timeline and a smaller building footprint. Additionally, Alternative 3 would meet all of the Project Objectives.

H o w e v e r , A l t e r n a t i v e 3 d o e s n o t m a x i m i z e t h e C i t y ’ s b e n e f i t s r e a l i z e d o r achievement of the Project Objectives when compared to the proposed Project due to the 38.5 percent reduction in building size (700,000 SF remaining) with t h e e x c e s s l a n d f o r t r a i l e r / a u t o p a r k i n g l o t c o n s i s t i n g o f 6 1 6 a u t o m o b i l e parking stalls and 684 trailer parking stalls. Specifically, Alternative 3 would not generate as many job opportunities within the City when compared to the proposed Project. It would also not maximize the development potential of the Project site as the building footprint would be smaller.

Additionally, pursuant to CEQA Guidelines Section 15126.6(d), alternatives do not need to be described or analyzed at the same level of detail as the Project.

Sufficient detail and analysis have been provided in Chapter 6, Alternatives, of the Draft EIR, such that the Lead Agency can differentiate the impacts between the alternatives to select the Environmentally Preferred Alternative.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 52

Menifee Mayor and City Council
February 21, 2024
Page
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ATTACHMENT A
PASSENGER CAR/TRUCK SPLITS AND
TRUCK MIX INFORMATION
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 53

Menifee Mayor and City Council
February 21, 2024
Page
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 54

Menifee Mayor and City Council
February 21, 2024
Page
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SCAQMD Warehouse Truck
Study Truck Fleet Mix
Grouping All Trucks
Actual %
2-Axle 3-Axle 4+ Axle
SCAQMD Composite 31.0% 6.8% 5.5% 18.7%
With Cold Storage 44.7% 15.5% 4.9% 24.3%
Without Cold Storage 27.5% 4.6% 5.7% 17.2%
Fontana Study 20.4% 3.5% 4.6% 12.3%
3 Grouping All Trucks
Normalized %
2-Axle 3-Axle 4+ Axle
SCAQMD Composite 31.0% 21.9% 17.7% 60.3%
With Cold Storage 44.7% 34.7% 11.0% 54.4%
Without Cold Storage 27.5% 16.7% 20.7% 62.5%
Fontana Study 20.4% 17.2% 22.5% 60.3%
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 55

Menifee Mayor and City Council
February 21, 2024
Page
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ITE AM Peak Hour PM Peak Hour
Code Unit Daily In Out Total In Out Total
155 KSF 1.810 0.122 0.029 0.150 0.062 0.098 0.160

1.580 0.106 0.025 0.131 0.058 0.092 0.150

0.230 0.016 0.004 0.020 0.004 0.006 0.010
AM Peak Hour PM Peak Hour
Quantity Unit Daily In Out Total In Out Total
1,138.638 KSF 2,061 139 33 172 71 112 183
1,800 121 29 150 67 105 172
261 18 4 22 4 7 11
AM Peak Hour PM Peak Hour
Daily In Out Total In Out Total
Passenger Vehicles -- 1,800 1.0 1,800 121 29 150 67 105 172 2-Axle Trucks 16.7% 44 1.5 66 5 1 6 1 2 3
3-Axle Trucks 20.7% 54 2.0 108 8 2 10 2 3 5
4+ Axle Trucks 62.6% 164 3.0 492 35 8 43 8 13 21
Total Truck PCE Trips 666 48 11 59 11 18 29
Total Project PCE Trips 2,466 169 40 209 78 123 201
Total Project PCE Trips from Appro ved MBC Traffic Study 2,308 156 37 193 79 125 204 Net Trip Difference (SCAQMD Trips - Appro ved Trips) 158 13 3 16 -1 -2 -3 PCE = Passenger Car Equivalent
KSF = Thousand Square Feet
Passenger Vehicles
Trucks
PROJECT TRIPS - PASSENGER CAR EQUIVALENTS (PCE)
Vehicle Type Truc
k Mix 2 Daily
Vehicles
PCE
Factor
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition 2 Truck mix percentages based on the SCAQMD Warehouse Truck Study Truck Fleet Mix for "Without Cold Storage" Warehouse.

PROJECT TRIP GENERATION
Project Land Use
High-Cube Fulfillment Center Warehouse - Non-Sort
TABLE A
SUMMARY OF PROJECT TRIP GENERATION - BASED ON SCAQMD METHODOLOGY MOTTE BUSINESS CENTER PROJECT
TRIP GENERATION RATES 1
ITE Land Use
High-Cube Fulfillment Center Warehouse - Non-Sort
Passenger Vehicles (87.3% Daily, 86.7% AM, 93.7% PM)
Trucks (12.7% Daily, 13.3% AM, 6.3% PM)
Motte Business Center
Response to Comments
Kimley-Horn Associates Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 56

Menifee Mayor and City Council
February 21, 2024
Page
1349 of 1711

ATTACHMENT B
INTERSECTION AND ROADWAY
LEVEL OF SERVICE RESULTS
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 57

Menifee Mayor and City Council
February 21, 2024
Page
1350 of 1711

TABLE 1
SUMMARY OF INTERSECTION OPERATION
EXISTING CONDITIONS
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control Delay LOS Delay LOS
7 Encanto Drive at Ethanac Road U 38.3 E 41.8 E
8 Trumble Road at Ethanac Road S 22.5 C 21.0 C
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service - Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

S = Signalized
U = Unsignalized
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 58

Menifee Mayor and City Council
February 21, 2024
Page
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AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control Delay LOS Delay LOS Delay LOS Delay LOS
7 Encanto Drive at Ethanac Road U 38.3 E 51.0 F 12.7 Yes 41.8 E 55.7 F 13.9 Yes 8 Trumble Road at Ethanac Road S 22.5 C 21.9 C -0.6 No 21.0 C 20.2 C -0.8 No EXISTING PLUS PROJECT
SUMMARY OF INTERSECTION OPERATION
Without Project With Project
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service Project-
Related
Effect?
Change
in
Delay
Change
in
Delay
Project-
Related
Effect?
TABLE 4
Without Project With Project
- Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

S = Signalized
U = Unsignalized
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 59

Menifee Mayor and City Council
February 21, 2024
Page
1352 of 1711

TABLE 7
SUMMARY OF INTERSECTION OPERATION
OPENING YEAR 2025 CUMULATIVE
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control Delay LOS Delay LOS
7 Encanto Drive at Ethanac Road U >180 F >180 F
8 Trumble Road at Ethanac Road S 101.3 F 124.8 F
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service - Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

S = Signalized
U = Unsignalized
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 60

Menifee Mayor and City Council
February 21, 2024
Page
1353 of 1711

AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control Delay LOS Delay LOS Delay LOS Delay LOS
7 Encanto Drive at Ethanac Road U >180 F >180 F - Yes >180 F >180 F - Yes 8 Trumble Road at Ethanac Road S 101.3 F 126.8 F 25.5 Yes 124.8 F 152.8 F 28.0 Yes Project-
Related
Effect?
Without Project With Project
Change
in Delay
Project-
Related
Effect?
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service - Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

S = Signalized
U = Unsignalized
TABLE 9
SUMMARY OF INTERSECTION OPERATION
OPENING YEAR 2025 CUMULATIVE PLUS PROJECT
Without Project With Project
Change
in Delay
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 61

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February 21, 2024
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OPENING YEAR 2025 CUMULATIVE PLUS PROJECT
Int. # Intersection Improvements Delay LOS Delay LOS Delay LOS AM >180 F >180 F 27.3 D
PM >180 F >180 F 24.9 C
AM 101.3 F 126.8 F 32.4 C
PM 124.8 F 152.8 F 43.8 D
Proposed
Traffic
Control
Peak
Hour
TABLE 11
SUMMARY OF INTERSECTION OPERATION
RECOMMENDED IMPROVEMENTS
Without Project With Project
Add 2nd eastbound through lane
Add 2nd westbound through lane
U
S8
7 S = Signalized
U = Unsignalized
With Improvements
Trumble Road at Ethanac Road
Add 2nd eastbound through lane
Add 2nd westbound through lane
Modify the northbound shared left-turn/right-
lane to a dedicated right-turn lane only
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service Encanto Drive at Ethanac Road
- Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 62

Menifee Mayor and City Council
February 21, 2024
Page
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I-215 NB Ramps to Encanto Drive 2-Lane Arterial 15,813 13,000 1.216 F Trumble Road to Sherman Road 2-Lane Arterial 12,086 13,000 0.930 E Notes: 1 Source: City of Menifee Engineering Department, LOS Traffic Study Guidelines, October 2020 LOS = Level of Service
ADT = Average Daily Traffic
V / C = Volume to Capacity
TABLE 2
SUMMARY OF ROADWAY SEGMENT ANALYSIS
EXISTING CONDITIONS
V/CExisting
ADTSegmentRoadway LOSLOS E
Capacitiy1
Existing
Configuration
Ethanac Road
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 63

Menifee Mayor and City Council
February 21, 2024
Page
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Roadway Segment Existing Configuration Existing
ADT
Project
ADT
Existing Plus
Project ADT
LOS E
Capacitiy1 V/C LOS
I-215 NB Ramps to Encanto Drive 2-Lane Arterial 15,813 1,584 17,397 13,000 1.338 F Trumble Road to Sherman Road 2-Lane Arterial 12,086 1,584 13,670 13,000 1.052 F Notes: 1 Source: City of Menifee Engineering Department, LOS Traffic Study Guidelines, October 2020 ADT = Average Daily Traffic
V / C = Volume to Capacity
LOS = Level of Service
TABLE 5
SUMMARY OF ROADWAY SEGMENT ANALYSIS
EXISTING PLUS PROJECT
Ethanac Road
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 64

Menifee Mayor and City Council
February 21, 2024
Page
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Roadway Segment Existing
ADT
Opening Year
2025
Base ADT
Cumulative
Projects
Opening Year
2025
Cumulative
ADT
LOS E
Capacitiy1 V/C LOS
I-215 NB Ramps to Encanto Drive 15,813 16,762 8,620 25,382 13,000 1.952 F Trumble Road to Sherman Road 12,086 12,811 6,660 19,471 13,000 1.498 F Notes: 1 Source: City of Menifee Engineering Department, LOS Traffic Study Guidelines, October 2020 ADT = Average Daily Traffic
V / C = Volume to Capacity
TABLE 8
SUMMARY OF ROADWAY SEGMENT ANALYSIS
OPENING YEAR 2025 CUMULATIVE
LOS = Level of Service
Ethanac Road
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 65

Menifee Mayor and City Council
February 21, 2024
Page
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Roadway Segment
Opening Year
2025
Cumulative
ADT
Project ADT
Opening Year
2025
Cumulative
Plus Project
ADT
LOS E
Capacitiy1 V/C LOS
I-215 NB Ramps to Encanto Drive 25,382 1,584 26,966 13,000 2.074 F Trumble Road to Sherman Road 19,471 1,584 21,055 13,000 1.620 F Notes: 1 Source: City of Menifee Engineering Department, LOS Traffic Study Guidelines, October 2020 ADT = Average Daily Traffic
V / C = Volume to Capacity
TABLE 10
SUMMARY OF ROADWAY SEGMENT ANALYSIS
OPENING YEAR 2025 CUMULATIVE PLUS PROJECT
LOS = Level of Service
Ethanac Road
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 66

Menifee Mayor and City Council
February 21, 2024
Page
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Roadway Segment Existing Configuration Recommended
Configuration
Opening Year
2025
Cumulative
ADT
Project ADT
Opening Year
2025 Plus
Project ADT
Recommended
LOS E Capacitiy1 V/C LOS
I-215 NB Ramps to Encanto Drive 2-Lane Arterial 4-Lane Arterial 25,382 1,584 26,966 37,000 0.729 C Trumble Road to Sherman Road 2-Lane Arterial 4-Lane Arterial 19,471 1,584 21,055 37,000 0.569 A Notes: 1 Source: City of Menifee Engineering Department, LOS Traffic Study Guidelines, October 2020 ADT = Average Daily Traffic
V / C = Volume to Capacity
LOS = Level of Service
TABLE 12
SUMMARY OF ROADWAY SEGMENT ANALYSIS WITH IMPROVEMENTS
OPENING YEAR 2025 CUMULATIVE PLUS PROJECT
Ethanac Road
Motte Business Center Project
Response to Comments
Kimley-Horn and Associates, Inc.

February 2024
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 67

Menifee Mayor and City Council
February 21, 2024
Page
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ATTACHMENT C

CALTRANS NOP RESPONSE LETTER
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 68

Menifee Mayor and City Council
February 21, 2024
Page
1361 of 1711

“Caltrans improves mobility across California”
STATE OF CALIFORNIA------- BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor

DEPARTMENT OF TRANSPORTATION
DISTRICT 8

PLANNING
464 WEST 4th STREET, 6th Floor MS 725
SAN BERNARDINO, CA 92401-1400
PHONE (909) 383-4557
FAX (909) 383-6890
TTY (909) 383-6300
F lex your power!
Be energy efficient!
D
ecember 7, 2022
C
ity of Menifee
Brett Hamilton
29844 Haun Road
Menifee, California 92586
M
otte Business Center NOP (PLN22-0114). Riv-215-PM 22.754 M
r. Hamilton,
We h
ave completed our review for the above notification for the project located east of Interstate 215 (I-215) in the City of Menifee south of Ethanac Road, west of Antelope Road and east of Dawson Road. This project calls for the construction of a concrete ti lt-up building totalin g 1,138,638 square-feet. Site development also includes 610 automobile parking spaces, and 282 truck trailer parking spaces.

A
s the owner and operator of the State Highway System (SHS), it is our responsibility to coordinate and consult with local jurisdictions when proposed development may impact our facilities. As the responsible agency under the California Environmental Quality Act (CEQA), it is also our responsibility to make recommendations to offset associated impacts with the proposed project. Although the project is under the jurisdiction of the City of Menifee due to the Project’s potential impact to State facilities it is also subject to the policies and regulations that govern the SHS.

W
e do not anticipate a significant amount of traffic to be generated from this site to adversely impact the nearest SHS facilities. We therefore have no comments to offer currently.

H
owever, if this development proposal is later modified in any way, the above c omment may become invalid. Please forward copies of revised plans as necessary so that we may reevaluate all proposed changes for possible impact to the nearby State Highways.

Wh
en dev elopment does occur, any work performed within the SHS will require review and issuance of a Caltrans E ncroachment Permit. As part of the encroachment permit process, the developer must provide evidence of City entitlement a long with appropriate environmental approval for potential environmental impacts to State Highway R/W. Additional information will be provided in the event encroachment is later determined necessary.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 69

Menifee Mayor and City Council
February 21, 2024
Page
1362 of 1711

M
r. Hamilton
December 7, 2022

Page 2 ends

Menifee City CouncilFebruary 21, 2024

Menifee City Council
February 21, 2024